香港一名18岁男生因在尖沙咀商场厕所多次书写"光复"口号及"炸死李家超"等字句，被控违反国安法的煽动罪[1]。西九龙裁判法院法官于2023年8月12日裁定被告罪名成立，考虑到被告患有自闭症、厕所内煽动字句的传播力度有限等因素，判处18个月感化令，避免入狱[1]。这为国安法实施以来少见的不入狱个案[1]。
法官在判决中强调"煽动罪是严重罪行，任何煽动行为都可能会动摇社会稳定"[1]。法庭认识到被告需要精神及心理辅导[1]，且相比网络传播，厕所内的煽动内容受众范围有限[1]，因而作出了相对轻微的处罚决定。
An 18-year-old male defendant was convicted of sedition under Hong Kong's national security law after writing slogans including "Liberate" and "Kill Li Jiachao" repeatedly on the walls of a restroom in a shopping mall in Tsim Sha Tsui, Kowloon [1]. The West Kowloon Magistrates' Court handed down the sentence on August 12, 2023, imposing an 18-month probation order without imprisonment [1].
The judge acknowledged that sedition constitutes a serious offense and stated that "any seditious act could potentially shake social stability" [1]. However, the court opted for leniency in this case, taking into account several mitigating factors [1]. The limited reach of graffiti confined to a restroom, compared to the widespread nature of online content, was considered, as were the defendant's autism spectrum condition and his need for psychiatric and psychological support [1]. This decision marks a relatively rare instance in which a national security law conviction has resulted in a non-custodial sentence since the legislation's implementation [1].