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Brian Wong

A Hong Kong court has reversed a former law student’s acquittal in a riot trial arising from the 2019 anti-government protests, finding her guilty based on “overwhelming” circumstantial evidence that she had encouraged other participants through her presence.
The District Court on Tuesday convicted Alice Tong Ka-yan nearly seven years after her arrest during the unrest in Wan Chai on the night of August 31, 2019.
Tong, who will turn 27 this month, was initially cleared of rioting in August 2021 on the grounds that prosecutors failed to prove she had either committed a violent act or abetted violence during a 30-minute stand-off between protesters and police.
In July 2024, the Court of Appeal ordered the trial judge to consider the rioting charge afresh, after the Department of Justice convinced the three presiding judges that the defendant’s acquittal was “perverse”.
The appellate court, while upholding Tong’s acquittal of possessing a laser pointer as an offensive weapon, said the cumulative effect of the timing and location of the defendant’s arrest, her black outfit and attempt to flee provided a strong basis for eliminating possibilities that she could have been at the scene for innocent reasons.
District Judge Edmond Lee Chun-man concurred with the Court of Appeal’s findings, stating Tong appeared “very suspicious” as she wore an all-black outfit and carried protest paraphernalia including a gas mask, goggles, an umbrella and a hiking stick at the time of her arrest.
Lee noted that Tong had decided not to testify or call any witnesses during the trial, meaning she was unlikely to be able to produce any evidence to undermine the prosecution’s case.

While finding a reasonable doubt regarding whether the defendant attempted to flee, the judge pointed out that Tong was moving in the same direction as other protesters shortly after police began dispersing the gathering crowd on Hennessy Road.
“The circumstantial evidence was overwhelming,” Lee said. “At the material time, the defendant, through her outfit and equipment … became part of the riot and ‘took part’ in it by way of ‘encouragement’.”
The court remanded Tong in custody pending sentencing on July 15. The defendant wept when prison officers took her away from the dock.
Authorities have continued to pursue those involved in the social unrest, bringing charges against protesters regardless of the time elapsed while seeking to overturn previous acquittals.
In a landmark judgment in 2021, the Court of Final Appeal ruled that a protester could be held liable for rioting if he was found to have provided “encouragement by words, signs or actions” to other participants.
Prosecutors did not pursue an appeal against the acquittal of Tong’s co-defendant, former first aid volunteer Yeung Kwong-chi, as he left Hong Kong before the appellate court heard the case.
According to police, more than 10,000 people aged between 11 and 87 were arrested in connection with the 2019 protests, with nearly 3,000 prosecuted.
Secretary for Security Chris Tang Ping-keung has argued that setting a deadline for prosecuting offenders during the unrest would undermine the rule of law and risk “legalising illegal acts”.


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Hong Kong courts

Ex-law student convicted after court reverses acquittal of 2019 riot charge

Alice Tong in August 2021. The court remanded her in custody pending sentencing on July 15. Photo: Brian Wong

Prosecutors did not pursue an appeal against the acquittal of Alice Tong’s co-defendant, former first aid volunteer Yeung Kwong-chi, as he left Hong Kong before the appellate court heard the case. Photo: Brian Wong

Anti-government protesters gather in Causeway Bay on August 31, 2019. Photo: May Tse

Hong Kong protests: first aid volunteer cleared of rioting charge as judge rules helping the injured no ‘basis for conviction’

Two defendants arrested near the site of a 2019 riot were acquitted on Monday by a District Court judge. Photo: Warton Li

Anti-government protesters set metal barricades on fire, Hennessy Road, Wan Chai. Protest continues regardless of police refusing permission for a mass march and rally by the Civil Human Rights Front. 31AUG19 SCMP / Sam Tsang

4 jailed for rioting at Polytechnic University during 2019 unrest in Hong Kong

Polytechnic University in Hung Hom was the site of some of the most intense confrontations between protesters and police during the 2019 protests. Photo: Sam Tsang

The four defendants were initially released without charge in 2020, but police re-arrested them in 2024 after reviewing surveillance footage. Photo: Winson Wong

News

Hong Kong

Law and Crime

Alice Tong, initially cleared of rioting in August 2021, weeps after court finds her guilty based on ‘overwhelming’ circumstantial evidence


Alice Tong, initially cleared of rioting in August 2021, weeps after court finds her guilty based on ‘overwhelming’ circumstantial evidence.


Hong Kong protests

Ex-law student convicted after court reverses acquittal of 2019 riot charge

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Alice Tong, initially cleared of rioting in August 2021, weeps after court finds her guilty based on ‘overwhelming’ circumstantial evidence

Alice Tong, initially cleared of rioting in August 2021, weeps after court finds her guilty based on ‘overwhelming’ circumstantial evidence