Youngest Hong Kong protester to plead guilty in court avoids criminal record after West Kowloon magistrate dismisses charges
- Charges for anti-police graffiti dismissed in ruling that ensures boy has no convictions listed against him
- The 12-year-old is placed under two-year care or protection order after lawyer says defendant has ‘learnt his lesson’
Criminal charges against a 12-year-old who admitted spraying protest-related graffiti at a police station and railway interchange were dismissed by a Hong Kong court on Thursday, preserving the boy’s clean record.
But the child, who cannot be named for legal reasons, was made subject to a care or protection order that imposes a curfew and compels him to take part in social activities as directed by the Social Welfare Department (SWD) for two years.
The boy pleaded guilty to two counts of criminal damage at a previous hearing on November 21, after a plain-clothes police officer spotted him vandalising the wall of Mong Kok Police Station and Prince Edward MTR station on October 3.
At West Kowloon court, Magistrate Pang Leung-ting ordered the removal of the charges against the child – a power granted to the Juvenile Court under section 15 of the Juvenile Offenders Ordinance – because of his good background and the less serious nature of the offences. The ruling means the boy avoids having a criminal record.
The defendant was the youngest to plead guilty in court among more than 980 suspects charged in protest-related proceedings since this year’s outbreak of demonstrations.
Police revealed on Monday that 6,105 people had been arrested over the anti-government protests, sparked by the now-withdrawn extradition bill, since the first mass demonstration was staged on June 9. Of all those arrested, 2,430 people, or 39.8 per cent, were students.
The 12-year-old was brought to court after a police officer in plain clothing saw him at 7.30pm on October 3 in a mask spraying “damn rogue cops” with black point on the wall of Mong Kok Police Station, alongside an obscenity about force families.
The officer tailed the boy to Prince Edward MTR station, where the minor sprayed “divine annihilation, free HK” on the wall of exit B1.
The boy was traced to his residence by the officer, who waited outside until 7am the following day, when the boy went to school in uniform.
When he was intercepted and taken back to his home, a police search found a bottle of black paint and clothing, which officers seized.
In interviews under caution, the boy, accompanied by his grandmother, said he committed the offences alone and was remorseful.
On Thursday, defence lawyer Jacqueline Lam described “very positive” probation and social welfare reports on the boy, who had support from his family and relatives in court.
She urged Pang for leniency, saying painting graffiti was less serious than similar acts of criminal damage.
“He knows that he used an inappropriate method [to express his views]. He has learnt his lesson,” Lam said.
The boy confirmed to Pang that he had committed the crimes under the influence of other unknown protesters. He promised he would not be swayed by others in future.
Pang accepted the recommendation made by the SWD officer and placed him under a care or protection order with immediate effect.
Under the order, the boy is committed to the care of his grandmother, with whom he has been residing since his parents’ divorce.
During a two-year period, the boy must stay at home every night between 7pm and 6am, and follow the instructions of the SWD officer in joining various activities.
The court will hear a progress report of the boy on June 18 next year.
