Hong Kong’s top court has heard a final appeal by a student convicted of one offence of insulting the national flag and two of insulting regional flags. He was sentenced to a reformatory centre in June 2023, and the High Court dismissed his appeal against conviction in 2025. Five judges heard the latest appeal on 4 November.
The central dispute is what the prosecution must prove about intent. The appellant’s counsel argued that both offences require a specific intent to insult, and that the prosecution must establish that intent beyond reasonable doubt. The Department of Justice says the national-flag offence requires specific intent, while the regional-flag offence can be proved with basic intent, including recklessness.
Autism was not put forward as a defence at trial, but the defence presented medical evidence and the student gave evidence about feeling unwell. His counsel said the trial court’s decision did not show how it had taken his condition into account when assessing his state of mind. The explanation offered at trial was that he felt uncomfortable seeing the same kind of object throughout the street; counsel said he might have acted similarly if surrounded by other red flags, such as Manchester United or Liverpool flags.
During the hearing, a judge pointed to CCTV footage that appeared to show the student deliberately bending a flagpole and pausing. His counsel argued that the footage showed the action, but could not by itself establish whether he had the insulting intent required by the offences.
The appeal also challenges the refusal to admit a new expert report. The appellant’s counsel argued that admitting further medical evidence would serve the interests of justice, saying the original evidence did not rule out his condition affecting him. The Department of Justice countered that the new report was prepared in 2024, after the alleged conduct, and that the original medical evidence described his condition as stable.
The judges reserved their decision.