Seven Cleared Of Rioting In Aug 31 Protest

The District Court on Saturday acquitted seven people of rioting during a protest in Wan Chai and Causeway Bay on August 31 last year, in a high-profile case which also saw prosecutors charging a social worker who was calling on the police to calm down.

The Department of Justice has already indicated that it plans to appeal one of the acquittals.

There were tears and applause in the courtroom, as the District Judge Sham Siu-man announced his ruling.

The judge had earlier withdrawn the rioting charge against Jackie Chen, a council member of the Social Workers’ General Union, citing the lack of prima facie evidence.

He now cleared the seven other defendants, aged 20 to 27, saying the prosecution has failed to prove the offences beyond all reasonable doubt.

In his written judgment, the judge said even if the defendants are to be regarded as being related to the incidents that occurred before their arrests, their participation in the riot was not the only reasonable inference.

"Undoubtedly, the situation of the night in question was not something that one would often see in Hong Kong. To some people, it was perhaps a rare and special historical moment. The court does not rule out the possibility that, among those present, there were indeed some who went there hoping to witness everything that was happening," he said.

He noted that while two of the defendants did run away before their arrests, he agreed with the defence lawyers that they might have fled for other innocent reasons, such as acting on police warnings or out of fear of the police, and their actions were not necessarily because they knew they were guilty.

The judge also added that it was not wholly blameworthy for people to bring along protective gear in the event of tear gas.

One of the defendants, Jason Gung, who is a cook, was also acquitted of another charge of possessing offensive weapons for carrying a petrol bomb and an extendable metal baton.

The judge said the charge could not possibly be substantiated, because a video played to the court showed that an object resembling the baton was already on the pavement, before the defendant appeared at the scene and left his bag after struggling with a police officer.

The judge noted that the officer concerned was seen picking up something from the ground, which the sergeant said was his torch.

But the judge said the officer’s explanation could not be reconciled with what was depicted on the video and the court could not rely on his evidence.

Meanwhile, the social worker involved in the case revealed that the Justice Secretary, Teresa Cheng, had indicated that she would appeal against the court's decision to dismiss her charges.

She said on Facebook that the Department earlier had written to the judge asking him to set forth the facts and grounds for his decision, for them to lodge an appeal.

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