A man with autism has urged a Hong Kong court to review new expert evidence in an appeal against his conviction for desecrating the Chinese national flag and the city’s flags on National Day.
The High Court heard on Thursday that Wong Chun-lok, who was sentenced to a rehabilitation centre in June 2023, had not received a fair trial due to the “grave delinquency” of his then-lawyer.
Wong, who was 19 at the time, was said to have publicly and intentionally desecrated a national flag and four Hong Kong flags on October 1, 2022 in Sham Shui Po by bending the flagpoles. The defendant had denied the charges. He said he had been triggered by the bright colour of the flags and only tore them down to reduce the sensation, InMedia reported.
Wong’s mother also testified that her son was diagnosed with serious autism when he was two years old, and had previously pulled down other objects on the streets because he felt that “something was blocking the road.”
On Thursday, Deputy District Judge Frankie Yiu read out written submissions by Wong’s current representative Simon So. The lawyer argued that the trial magistrate, Li Chi-ho, had not properly considered Wong’s “special conditions” and how these might have affected his intention of committing the offence.
Sworn testimonies from a psychiatrist, a clinical psychologist and an occupational therapist were submitted to Yiu so he could review Wong’s condition. They could be summoned to give evidence in court if necessary, So said.
The appellant also alleged that his lawyer during trial had not performed properly by failing to rely on Wong’s autism condition as a defence. The lawyer also did not request the trial court to accommodate Wong’s needs, such as by asking him to give testimony at a slower pace, given his language level was estimated to be at primary four level only.
Yiu ordered the case to be adjourned as he needed time to review the new evidence and decide whether to call the expert witnesses. If he decided that it was unnecessary, he would hand down a judgement in two or three months’ time, the judge said.
Hong Kong amended the National Flag and National Emblem Ordinance in September 2021 that outlaws the desecration of the Chinese national flag and national emblem on the internet. The new law also stipulates requirements for primary and secondary education on what the government describes as important national symbols.
Violators face a maximum fine of HK$50,000 and three years behind bars.
