A middle-aged female clerk was intercepted after posting a flyer at the Bayview Center, and found that the flyer contained words such as "Hong Kong Independence", "Founding the Army" and "Resistance to Red". She and a 17-year-old boy who designed the flyer for him, He was charged with conspiracy to produce and distribute Hong Kong independence and publishing seditious publications.
The two pleaded guilty in the District Court today (17th) and pleaded for mercy on behalf of the female defendant's lawyers, saying that the female defendant was a simple person and the crime was clumsy. A Newton hearing was held in this regard to argue whether the case should be admitted.
The judge adjourned the case until Jan. 31 to rule on the merits of the case, and will be sentenced on the same day.
Female defendant Cao Xuexin (45 years old, Hong Kong Institute of Vocational Education clerk) and a 17-year-old Form 4 boy surnamed Huang pleaded guilty to conspiracy to publish, publish, distribute, display or reproduce incitement in Hong Kong from May to December 11, 2020 Publications intended to provoke hatred or contempt for the Government of the Hong Kong Special Administrative Region or to provoke rebellion against it, and to provoke attempts by Hong Kong residents to cause other changes to matters enacted by law in Hong Kong without lawful means, and to encourage others to disobey or disobey the law Lawful orders, and/or seditious publications that incite others to use violence.
Cao asked Huang to assist in the design of the propaganda
The facts of the case allege that the two defendants met in May 2020 at the political group "Mong Kok Jiu Wo Tuan" and exchanged contact information.
Huang Qi then assisted in the design of the "Cultural Propaganda" at Cao's request. He first downloaded relevant pictures from the Internet, and then added Chinese words, including "Hong Kong independence", "Hong Kong people founding the country", etc. During the period, the two communicated on the cultural propaganda through mobile phone WhatsApp. printing and production for communication.
The female defendant posted a post announcing that she was found by security
Cao then used the computer and photocopier in his office to print out the texts involved, and displayed and posted them at the Bayview Center Building on December 11. The process was witnessed by the building security.
After Cao left the place, the security guard returned to the security control room to check the video clips of Xianglu, and then went to the relevant location to pick up about 100 pieces of propaganda and called the police.
When the police arrived at the scene, they observed Cao, and found that after Cao picked up the texts, they joined and left with another man. The police then stepped forward to stop Cao. Cao admitted that the texts belonged to her.
The police later arrested Cao on June 6, 2021, and when they searched his home, they found the mobile phone Cao used to communicate with Huang.
Invitation to eat as a reward for design promotion
On the same day, the police searched Huang’s residence and made an arrest. Huang admitted to helping Cao design a promotional material, but it is unclear whether Cao distributed relevant promotional materials.
In the video meeting, Huang stated that Cao would invite him to have a meal in return for the design of the propaganda, and knew that Cao had invited other people to help distribute the propaganda, but Huang did not agree.
The defense alleges that Cao had no intention of inciting others to use violence
Guan Wenwei, the barrister representing Cao, disputed whether Cao had the intention of inciting others to use violence as stated in the charge sheet. The judge opened a Newton hearing on this.
The prosecution first pointed out that the proclamation in the case referred to "Hong Kong people want to be independent and build the country", "Hong Kong people want to regain their dominance", "Resist redization, only independence" and "Hong Kong people build the army and build the country", and combine these words together. The meaning of watching is to encourage Hong Kong people to build an army to resist the rule of the central government, and not in a peaceful way.
The accuser's claim is based on imagination
Guan Wenwei pointed out that the prosecution's claims are based on imagination, and the claims mentioned in the propaganda do not necessarily have to be achieved through violence. The so-called "regain sovereignty" only refers to the desire to change the political structure of Hong Kong, which can be achieved through peaceful means. submitted to the central government.
As for the "resistance to red", it can also be achieved through economic means, such as refusing to patronize shops with Chinese background.
Cao has been imprisoned for 226 days
Guan Wenwei pleaded for mercy, pointing out that Cao had no criminal record, was pure and simple, and had no connection with any political organization.
This case involved 110 leaflets, some of which were photocopied, and the scale of the crime was small.
Cao only went to the Wanjing Center Building for distribution, and the process of committing the crime was rude and clumsy.
The maximum sentence in this case is 2 years. Cao has been remanded for 226 days. It is hoped that the court will sentence Cao to imprisonment for 7 months or less.
Huang then presented many letters of pleading written by his teachers, referring to Huang as a good boy with good character.
The judge first asked for background reports for the two men and a report from the rehabilitation center, labor camp, and training center for the male defendant before sentencing.
The female defendant's application for bail was denied.
Case number: DCCC 767/2021
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