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Hong Kong protests: Court of Appeal rules magistrate made mistake when ordering probation for girl found with petrol bomb materials

  • Appeal judges find Magistrate Kelly Shui should have called for reports to assess sentencing options
  • Shui originally sentenced 16-year-old to 12 months’ probation after the girl was found with firebomb materials during last year’s protests

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Appeal judges have ruled sentencing options must be examined after a magistrate made a mistake in a case involving the possession of petrol bomb materials. Photo: Warton Li

The Court of Appeal on Wednesday concluded that a magistrate had erred in giving a teenage girl probation for possessing the raw materials for making petrol bombs amid Hong Kong’s social unrest last year, after prosecutors applied for a review of sentence.

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But the three judges rejected prosecutors’ demand for the 16-year-old student to be placed in a rehabilitation centre, instead calling for reports to see if she was suitable for community service and adjourning the case until October 13.

The same panel of judges had earlier quashed a probation order given by the same magistrate in a separate case involving a 15-year-old boy who hurled three petrol bombs, replacing the original sentence by sending him to a detention centre.

The girl, who cannot be identified because of her age, was sentenced to 12 months’ probation by Magistrate Kelly Shui in June, following her guilty plea to one count of possession of an instrument fit for unlawful purpose, an offence punishable by two years in prison and a HK$5,000 fine.

Tuen Mun Court heard the Form Four student was intercepted by police in the early hours of September 30 last year after a taxi driver reported seeing people putting up posters in support of the anti-government protests near a school in Tin Shui Wai.
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She was found to be carrying a paper bag, which contained a glass bottle, antiseptic solution, lighter fluid, a towel and some white powder wrapped in tin foil.

She later admitted that she had wanted to use those items to make a petrol bomb – following instructions on the encrypted messaging service Telegram – out of “fun”, and to test the finished product by the riverside.

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