Hong Kong student caught with ‘smoke cakes’ near Legco protest given three-month jail term
Magistrate says deterrent sentence is necessary, but it’s ‘not the end of the world’
An Open University student arrested near a Legislative Council protest against amendments to the copyright bill was sentenced to three months in jail on Wednesday for possessing 16 “smoke cakes”.
In passing judgment in Eastern Court, the magistrate emphasised the need for a sentence with a deterrent effect, but believed it was “not the end of the world” for the student.
Kwan Ka-hei, 21, who had spent the past fortnight behind bars, would be allowed to reunite with his family after a request for bail pending an appeal was granted. He had pleaded not guilty to a charge of possession of an explosive substance.
In mitigation, defence counsel Van Ma said she understood there were very limited sentencing options remaining after Kwan was deemed physically unfit for a detention centre programme.
She pleaded for a suspended imprisonment if a custodial sentence was required, claiming Kwan had already had a “scary experience” after being remanded over the past two weeks.
“Having his family and friends from the church to go through the difficult times with him would be better than imprisonment, as it was uncertain whether he would meet people with bad influence [in jail],” she added.
