Wong Chun-lok, a young man with autism, is appealing his conviction for desecrating the Chinese national flag and Hong Kong flags on National Day. He was sentenced to a rehabilitation center in 2023 but claims he did not receive a fair trial. Wong, who was diagnosed with autism at a young age, stated that he was triggered by the bright colors of the flags and only tore them down to reduce his sensory overload.
During the appeal, Wong’s lawyer argued that the trial magistrate did not properly consider Wong’s special conditions and how they may have affected his intentions. Expert testimonies from a psychiatrist, a clinical psychologist, and an occupational therapist were submitted to the court to review Wong’s condition. The lawyer also criticized Wong’s previous legal representation for not using his autism as a defense and failing to accommodate his needs during the trial.
The court ordered an adjournment to review the new evidence and decide whether expert witnesses should be called. If deemed unnecessary, a judgment will be handed down in the coming months. The case highlights the challenges faced by individuals with autism in the criminal justice system and the importance of considering their unique needs during legal proceedings.
In September 2021, Hong Kong amended the National Flag and National Emblem Ordinance to prohibit the desecration of the Chinese national flag and emblem on the internet. The law also mandates education on national symbols in schools to promote respect for these symbols. Violators can face fines and imprisonment for up to three years.
The case of Wong Chun-lok sheds light on the intersection of disability rights and the criminal justice system. It raises questions about how individuals with autism are treated in legal proceedings and the importance of providing accommodations to ensure a fair trial. As the court reviews new evidence in Wong’s appeal, it is crucial to consider his unique circumstances and ensure that justice is served.
