Hong Kong protests: judge urges social media users to ‘reflect’ on online speech as he jails man for 7 months over anti-police Facebook comment
- Judge notes online platforms’ tendency to further polarise opposing groups by presenting users with information that confirms their previous biases
- The defendant was jailed over a Facebook post suggesting police officers would not be able to identify their assailants if they suffered a blow to the head
Speaking from the bench, District Judge Clement Lee Hing-nin said online platforms made it convenient to disseminate information, but also increased the risk of spreading fake news and hate speech.
The design of such platforms, which often funnelled information to users that confirmed beliefs they already held, also limited people’s access to diverse viewpoints, further polarising groups with different stances, he continued.
“Though most people are rational, there are radicals who would make use of social media to conduct unlawful or inciteful acts,” Lee said. “Therefore, social media users should reflect.”
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Lee made the comments as he sentenced Tony Choi Yick-man to seven months behind bars for suggesting on Facebook that police officers would not be able to identify their assailants if they suffered a serious blow to the head.
The 61-year-old was found guilty last month of one count of incitement to cause grievous bodily harm with intent over the public Facebook post, which was published in the early hours of January 20, 2020.
The District Court heard Choi’s post went online just hours after four police officers were assaulted in Central following an approved protest at nearby Chater Garden where participants had called for electoral reforms.
Choi, then a full-time investor in the American futures market, wrote that several “popo” – or police officers – had been assaulted, with their heads covered in blood.
“But [there were] no skull fractures, only superficial wounds,” he continued. “Everyone should know that if the head suffers a heavy blow, the chances of amnesia [or partial amnesia] are high. The amnesiac cannot accuse anyone.”
The post drew 86 Facebook reactions, including likes and laughing emojis, as well as 23 comments and five shares.
In mitigation, defence counsel Franco Kuan Bak-on said Choi liked to express himself on social media but did not meticulously filter what he said, which explained the errant post.
Kuan also noted that Choi, despite being a conspiracy theorist, had previously published other posts urging readers not to take to the streets or directly confront the government.
Mitigation letters portrayed Choi as a kind, helpful, just and knowledgeable man who had always abided by the law.
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In sentencing, the judge said incitement to commit violence was a serious offence and immediate imprisonment was the only option that reflected the principles of punishment and deterrence.
But Lee concluded that Choi’s culpability was low, given that he was not particularly well known and his post, which seemed to be isolated, drew fewer than 100 reactions.
His inciting speech also appeared to be influenced by events on the previous day and the comment was general, and did mention any concrete plans or result in any injuries, Lee said.
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Considering Choi had previously been a law-abiding man who lacked sensitivity towards the use of social media, the judge said his chance of reoffending was low, and imposed the seven-month term.
Incitement to cause grievous bodily harm with intent is punishable by life in prison, but the jail term is capped at seven years when the case is heard at the District Court.
The police force welcomed the sentence and reminded the public that a High Court injunction barring online encouragement and incitement of violence remained in force.
