Hong Kong student avoids jail for seditious graffiti in commercial complex toilet

A Hong Kong student avoided prison time for seditious graffiti in a commercial building toilet, as a court deemed his positive background, young age, and low impact of his actions to be "exceptional circumstances." Leung Kai-lok, a 19-year-old, became the first individual to escape a custodial sentence for breaking the Safeguarding National Security Ordinance, although he spent four weeks in jail before his sentencing.

The West Kowloon Court handed down a 1½-year probation sentence, which required Leung, now studying a higher diploma in digital media at a vocational school, to undergo psychiatric and psychological therapy, community service, and follow his probation officer's instructions.

Leung pleaded guilty to three counts of criminal damage, writing anti-government messages in a men's toilet at a commercial complex in Tsim Sha Tsui between July 17 and 21, 2025. The graffiti included death threats to former leader Carrie Lam Cheng Yuet-ngor and Chief Executive John Lee Ka-chiu, as well as calls for Hong Kong's liberation and condemnation of police.

He claimed he acted involuntarily due to a mental impairment and alleged coercion into confessing. However, the Chief Magistrate Victor So Wai-tak rejected these claims and found that Leung was neither mentally unstable nor coerced by the police into confessing.

Presentence assessments by a government psychiatrist and clinical psychologist concluded that Leung was autistic and had difficulties in interpersonal relationships and effective communication. A probation officer stated that Leung committed the offences to express his frustration with his poor DSE results. Defence lawyer Cyndi Ho argued for probation, pointing to Leung's clean record, strong family support, and determination to reform.

The judge acknowledged the seriousness of the national security offense but believed this case was less severe than similar acts on social media. He emphasized Leung's strong academic record in primary and secondary school, describing him as diligent, disciplined, and helpful to others. The judge also noted that Leung might have been misled by "false and lopsided" information during the 2019 anti-government protests when he was 12 years old.

Despite the gravity of the case and the need for deterrence, the court found exceptional circumstances that allowed Leung a chance to rehabilitate.