A Moroccan man was found guilty of desecrating the regional flag on Thursday for taking down 24 Chinese national flags and Hong Kong regional flags in North Point last October.
Thirty-six-year-old Zakaria Mezouar, reportedly a waiter, was acquitted of another count of desecrating the Chinese national flag by acting principal magistrate Daniel Tang Siu-hung at the Kwun Tong Court.
Mezouar earlier pleaded not guilty to both charges, which alleged him of publicly and intentionally desecrating 12 national flags and 12 regional flags between Watson Road and Electric Road in North Point on October 2 last year.
The court heard that some 200 national flags and regional flags were hoisted on the streets on Hong Kong Island at the time, and cops found over 20 flags scattered on the ground when patrolling on Electric Road.
Mezouar was also caught on camera taking down the flags and throwing them onto the streets. Yet, Mezouar said he was drunk and couldn’t recall what happened. He added that he started drinking since divorcing his wife in 2021.
When passing down the verdict, Tang said it was possible that Mezouar was drunk at the time as he was seen waving his arms and yelling at no one. His clothing was ordinary and he was not linked to any political party as well, Tang added.
Tang said the exact wording is “intentionally” in the article under the National Flag and National Emblem Ordinance and noted that the prosecution failed to prove that Mezouar had a “specific intent” to desecrate the national flag. Therefore, Mezouar was found not guilty of the charge.
As for the charge of desecrating the regional flag, Tang pointed out that the exact wording is “willfully” under the law, which he believes covers recklessness. Thus, the prosecution needed not to prove Mezouar had a specific intent and Mezouar was convicted.
Mezouar was granted bail and will be sentenced on September 14, pending a probation report and a community service report.
