US Republican state senator Jeff Wilson has been acquitted of possessing arms without a license in Hong Kong after a court issued a bind-over order requiring him to be on good behaviour for two years.
The Washington state politician was arrested by local authorities after he realised he had a revolver in his carry-on luggage and declared the firearm at Hong Kong International Airport last week. He was acquitted on Monday without having to enter a plea.
Wilson appeared before Principal Magistrate Don So at the West Kowloon Magistrates’ Courts on Monday morning.
Senior Public Prosecutor Cherry Chong proposed that Wilson be handed a bind-over order, having considered the facts of the case and the senator’s attitude, adding that the defendant had a clear record in Hong Kong.
A bind-over order is an agreement between the court and the defendant to maintain good behaviour for a certain period. It is neither a punishment nor a criminal conviction.
Under the arrangement, Wilson was not required to enter a plea.
The court heard that the gun had managed to pass undetected through a metal detector at Portland International Airport and through security in San Francisco, where he boarded a connecting flight to Hong Kong.
Magistrate So asked how the gun could have made it through two security checkpoints in the US, calling it one of the mysteries of the case, to which Wilson’s lawyer replied that there was “very little that the defendant can say as he was just a passenger.” The senator’s lawyer also clarified that Wilson did not have to go through a metal detector in San Francisco.
The other “mystery,” according to the magistrate, was how Wilson intended to use the gun for self-defence, as the senator had told police under caution, if the pistol was unloaded.
But the ultimate consideration, So said, was whether Wilson had intended to bring the gun into Hong Kong. Noting that Wilson used to be a trade delegate, So said he was inclined to believe that the senator was innocent as he was a frequent traveller, and that “it was not his first time in Hong Kong or China.”
Wilson consented to have the pistol and and its pouch confiscated by Hong Kong authorities, as he would not be able to carry it in the city.
He also agreed to be bound over for two years, subject to good behaviour. He will be fined HK$2,000 if he fails to uphold the bind-over order, and prosecuted if he commits a similar offence.
About an hour after he was acquitted, Wilson appeared at the ground floor of the courthouse with his wife and lawyers. He did not take any questions, but stood for photos in front of reporters before getting in a Porsche.
Wilson’s calm demeanour on Monday was markedly different from his court appearance last week, after which he reportedly called the police over journalists taking his picture.
‘My heart sank’
Wilson sought assistance from customs after realised that he had accidentally brought in the firearm. According to the case details, he had no knowledge of the existence of the gun in his carry-on luggage until he landed in Hong Kong, but a statement posted to the senator’s website said he had realised it was there mid-flight.
“I packed quickly and failed to check the contents of my briefcase. Over the Pacific, I reached into my briefcase for gum and felt my gun instead,” the statement read.
“My heart sank. I understood immediately what had happened, and that my only option was to report to the proper authorities, cooperate fully, and respect the laws of the land where my plane was about to touch down.”
Under the US Transportation Security Administration’s restrictions, firearms cannot be taken in carry-on bags on international or domestic flights. They can be checked in, but the carrier must ensure they are packed in a container and declared to the airline while checking in.
Wilson arrived in Hong Kong on October 20 “on a personal vacation trip at his own expense,” another statement from the senator said. He was also set to visit Thailand, Cambodia and Malaysia, and earlier expressed his hope at being able to resume his itinerary “when the matter is resolved.”
