Defendant In Halloween Weapons Case Walks Free

A stage designer has been found not guilty of possession of offensive weapons in Mong Kok at Halloween last year.

Kowloon City Magistracy had heard that 27-year-old Cheung Tsz-hin was among five people who gathered on Playing Field Road around midnight on November 1, 2019.

A police officer earlier told the court that he had seen one of them waving an American flag. The officer stopped and searched Cheung at the scene and found him carrying a spanner, a foldable knife, and two pairs of pliers.

Delivering her verdict, magistrate June Cheung said the tools possessed by the defendant were not illegal in themselves. She pointed out that the defendant had told the officer then that he had brought with him the tools for his stage-designing work.

The magistrate also noted that the police officer had acknowledged that it wasn't a case of people taking part in an illegal rally.

The court heard that there had been protests about 800 metres away earlier that evening near the Mong Kok police station, but were over by then.

She also highlighted the fact that the officer had not cautioned the defendant at the scene, suggesting that he did not reasonably believe that Cheung had committed an offence.

So, the court could not confirm that the defendant had intended to use the tools for illegal purposes, so he was found not guilty of one count of possession of offensive weapons.

The magistrate ruled that the prosecution will have to bear the legal costs of the case.