HK JUDGE CONVICTS 3 FOR MERE PRESENCE AT NAT’L DAY UNREST

Three people arrested during an anti-government protest in 2019 have been convicted of rioting, despite a lack of evidence pointing to any violent act, after the judge found their presence and attire had “abetted” others and made it difficult for police to enforce the law.

District Judge Ernest Michael Lin Kam-hung found the trio guilty on Thursday by citing a Court of Appeal ruling last month, which upheld prosecutors’ wide power of indicting suspects who did not directly take part in a riot under the legal principle of “joint enterprise.”

Legal experts sneered at Lin’s novel legal theory and flawed decision, Brian Wong reported for the South China Morning Post (SCMP).

Lin also convicted a fourth defendant of rioting and arson after identifying him as the man captured on camera hurling objects at police and burning a banner on the street on the day in question.

The District Court trial last month centered on the National Day demonstration in Tsuen Wan on October 1, 2019.

Defense lawyers argued there was reasonable doubt in the prosecution’s case against the three. They cited a previous verdict by another District Court judge, who held the defendant’s presence at a riot was not enough to justify a conviction even if he wore black or protective gear, as some people might simply be there to witness “a rare and special historical moment.”

But Lin rejected that argument, calling it baseless to suggest the three had merely walked past the area or accidentally embroiled themselves in the violence which had lasted for at least 20 minutes.

Lin noted Chan Kam-kwok’s conduct after his arrest – shouting the popular slogan “Liberate Hong Kong” twice as well as crying out his name and identity card number to journalists – suggested he believed he was right in taking part in the riot. The judge also pointed out that Lee and Kwok were detained near the scene of violent clashes while wearing protective gear similar to the other participants.

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