Three people – including one who was 14 at the time – have been found guilty of taking part in an unlawful assembly during a 2019 protest, with the judge calling their testimonies conflicting and unreliable.
Ng Ho-kwan, Chan Lok-ki and the underage defendant whose name was not disclosed appeared at West Kowloon Law Courts Building on Thursday, The Witness reported.
The District Court case related to a protest in Tuen Mun on October 30, 2019, when around 100 residents gathered outside a police base to demand answers about a foul smell in the neighbourhood. Some residents complained that the odour resembled tear gas, although police denied conducting tear gas tests at the base.
Protesters chanted slogans, pointed laser beams and set up road blocks, the court heard. Police arrested at least 70 people that night.
The three defendants pleaded not guilty in November.
They will appear in court for mitigation next Wednesday, with sentencing scheduled for February 27.
Testimonies not reliable, judge says
Handing down the verdict on Thursday, judge Cheang Kei-hong said the three defendants’ testimonies had been contradictory and unreliable.
Ng, now 24, said during trial that she was looking for the neighbourhood’s district councillor to enquire about the foul smell, The Witness reported. But Cheang said that media outlets would have reported any updates and there was no need for Ng to personally ask her local representative.
He also cast doubt on Ng’s statement that she wore a hat that day to hide her acne, and that she had gloves on to protect her eczema from the “dirty” air. Cheang said the gloves she wore were rubber and had poor ventilation, and would only aggravate her skin condition.
Chan, now 28, was in Kin Sang Shopping Centre, located near the police operational base. He earlier testified that he had arranged to meet a friend at Kin Sang light rail station.
Cheang said given that neither Chan nor his friend lived near Kin Sang light rail station, it did not make sense that they chose to meet there. He also said it was “abnormal” that they had known each other for around nine months, and yet had not exchanged contact information.
Regarding the 14-year-old’s testimony that he was some distance from police and had not heard officers warn protesters to leave, Cheang said it was contradictory with the fact that the defendant, a Tuen Mun resident, should have been listening out for announcements to see if they were related to the foul smell.
Cheang added that the defendant had admitted that CCTV footage showed him moving metal barriers, and that he had done so to obstruct traffic and protect the people gathered.
The judge said such an act constituted unlawful assembly as he was obstructing road usage.
Cheang also said that the three defendants were wearing dark-coloured attire and had equipment often found on protesters.
The defendants were also charged with wearing face coverings at an unlawful assembly, while Ng – who was found with a can of spray paint – also faces charges of possessing anything with intent to destroy or damage property as well as property damage.
Hong Kong saw citywide protests from the summer of 2019 over a controversial extradition bill. The demonstrations eased amid the Covid-19 outbreak and Beijing’s imposition of a national security law.
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