Chinese Nationals Seek Charge Reduction After Allegedly Flying Drone Over Mindef

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Two Chinese nationals accused of trespassing into the Defence Ministry’s (Mindef) restricted area by flying a drone to capture aerial footage without approval are seeking to have their charges reduced.

Their defence lawyer, Ooi Hong Ming, confirmed that a representation was submitted to the Attorney-General’s Chambers (A-GC) in October.

During mention proceedings before Sessions Court judge Suhaila Haron, deputy public prosecutor Nor Aisyah Mohamed Zanyuin said the representation, submitted on Oct 22, has been forwarded to the Kuala Lumpur branch of the A-GC and is still under consideration. She also requested time for additional document submission.

The court set Jan 7 for the decision on the representation.

Li Luorong, 27, and Chen Junhao, 20 — both photographers — were previously denied bail. Li is currently held at Sungai Buloh Prison, while Chen, who is a minor, is detained at the Puncak Alam Correctional Centre.

Trial dates have been fixed from April 27 to 30 and June 4 to 6 next year.

On the first charge, they are jointly accused of flying a DJI Mavic 3 Enterprise drone to capture aerial footage within a gazetted prohibited zone in Mindef’s Padang Bola B area, Jalan Padang Tembak, at 11.50am on Aug 6, with intent to obtain official information detrimental to national security. The charge, under Section 3(a) of the Official Secrets Act and Section 34 of the Penal Code, carries a maximum penalty of life imprisonment.

The second charge alleges they used the same drone for surveying purposes without obtaining prior approval at the same time and location, an offence under Section 4(1) of the Official Secrets Act read with Section 34, which carries one to 14 years’ jail.

Wangsa Maju police chief Assistant Commissioner Mohammad Lazim Ismail previously said the duo were discovered by military police patrols while operating the drone on a nearby football field. Preliminary investigations revealed they were instructed by their employer to record footage but were unaware of the specific purpose.

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