Three people have been convicted of rioting in Yau Ma Tei in 2019, while one man was found not guilty with the judge saying his story of getting caught up in a protest after work “could be genuine.”
Chan Lik-to, Cheng Tsz-fung, Chung Tsz-kit and Ho Chung-yin, aged between 20 and 28 at the time of the incident, appeared at the West Kowloon Law Courts Building on Saturday. The four were accused of taking part in a riot on November 18, 2019, when protesters gathered in Yau Ma Tei as clashes broke out at the Hong Kong Polytechnic University in nearby Hung Hom.
Judge Leung Ka-kie found Chan, Cheng and Ho guilty, saying their presence at the protest “could not have been unintentional.”
All four defendants testified during the trial last November, according to The Witness. Leung on Saturday addressed each of those testimonies when delivering her verdict.
The judge said Chan had told the court the had arranged to meet a friend nearby for a meal and a foot massage that day, but his friend had bailed. Instead, Chan walked towards Nathan Road because he was curious about the commotion and intended to film it.
Leung said that his testimony did not match up with his actions, because he did not end up taking videos of what happened. She also questioned Chan’s lack of worry for personal safety, describing the scene as “like a warzone.”
Another defendant, Cheng, testified that he was taking a taxi to Yau Ma Tei that day to visit a vice establishment, but had alighted the taxi in Mong Kok due to heavy traffic, Leung said.
The judge questioned why Cheng still decided to go to the area when he knew there were protests happening. She also said that Cheng had fractured his ankle and it was just starting to heal at the time, and that it was “hard to understand why he would take the risk” if he indeed had nothing to do with the protesters.
Regarding Ho, Leung cast doubt on the defendant’s testimony that the respirator and gloves in his bag were for a class he was taking for an environmental protection course. Leung said that according to his homework records, there was no mention of such equipment being required.
The trio will submit their mitigation pleas next Saturday.
One person acquitted
Meanwhile, Chung – who had testified that he had gone to Yau Ma Tei for work, and was leaving the area when he was arrested – was found not guilty.
Chung told the court during the trial that he ran an online business, and that he had gone to a customer’s home to install some furniture. He said he was arrested as he was returning to his car.
Leung cited WhatsApp records between Chung and his customer. In one message, Chung said he would be slightly late because he was not able to drive to the apartment, and instead had to park nearby and walk over.
The customer gave evidence as a defence witness in the trial. Leung said both Chung and the customer were able to give details about the installation that Chung said he did that day. The date and time of the installation was also suggested by the customer, Leung said, adding that Chung’s story “could be genuine.”
Five other defendants in the same riot case, who were aged between 18 and 25 at the time of the offence, pleaded guilty before the trial began. They have been detained and are awaiting sentencing.
Protests broke out across Hong Kong in the summer of 2019, a response to an extradition bill that grew into a wider demonstration against the Hong Kong and Beijing governments. Around 10,250 people were arrested in connection with the unrest, many of them young people.
Corrections:
27/5/2024 at 2.10pm: An earlier version of this article stated that Cheung was found guilty. Cheung was a typo for Cheng. We regret the error.
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