Hong Kong protests: magistrate rejects jail term request for university student ordered to undergo correctional training

PolyU student Choi Chung-hei’s defence counsel seeks a short term behind bars to enable his client to begin an undergraduate internship in May

But Magistrate Jeffrey Sze cites norm that advises against jail term for young offenders, and says training is necessary to make him a law-abiding citizen

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West Kowloon Law Courts Building in Cheung Sha Wan. Photo: Felix Wong

Published: 9:41pm, 4 Jan 2021Updated: 11:48pm, 4 Jan 2021

A university student who asked for jail time over correctional training for his involvement in an illegal protest in Hong Kong had his request rejected on Monday by a magistrate, who found it necessary to raise the youth’s legal awareness through compulsory learning programmes.

West Kowloon Court sentenced Choi Chung-hei, a student of Polytechnic University, to correctional training for up to nine months, after he was convicted of taking part in an unlawful assembly and carrying a bottle of spray paint with intent to commit vandalism on New Year’s Eve of 2019.

The defence counsel for the Year Three physiotherapy student asked the presiding magistrate for a short term behind bars to enable his client to begin a hospital internship in May, which was a prerequisite for his graduation.

But the magistrate said he was bound by the law to prioritise alternative sentencing options in cases involving young offenders, adding that correctional training could serve both purposes of rehabilitation and deterrence.

The trial heard Choi was one of 30 protesters who assembled at the junction of Nathan Road and Lai Chi Kok Road on the night of December 31, 2019, marking the four-month anniversary of an incident in which police chased protesters into Prince Edward MTR station.

Choi was wearing an all-black outfit and carrying a pair of forceps when police spotted him. Officers later found a respirator and a bottle of spray paint in his backpack, after subduing him on the ground.

In Monday’s mitigation, defence lawyer Brian Tsui Ho-chuen said his client had expected to start interning at a hospital in May, which was a “critical component” of his curriculum. Tsui urged the court to consider passing a short jail term so Choi could come out of prison in four months and complete his degree on schedule.