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Brian Wong

A Hong Kong woman who returned from Australia has been acquitted of two charges linked to the 2019 anti-government protests, after a magistrate found insufficient evidence that she was involved in the unrest.
Eastern Court ruled on Thursday that prosecutors had failed to prove beyond a reasonable doubt that casino cashier Ami Chan Hui-ching, 21, carried two laser pointers and three bottles of spray paint for illegal purposes on September 8, 2019.
Magistrate Edward Wong Ching-yu pointed out that there was no demonstration or people gathering when a police constable intercepted the defendant and five men outside a public toilet on Oil Street in Fortress Hill that night.
He noted that Chan, who was just 15 at the time, had not carried any protest paraphernalia or items that could suggest she intended to engage in conflicts or vandalise property.
Wong rejected prosecutors’ contention that the defendant could have been among those who had run away from police during a nearby protest in Causeway Bay.
He also rejected a claim from the constable’s verbal testimony that Chan walked faster after seeing police, saying the officer could not have failed to put that down in his written statement if it were in fact the case.

“Taking into account the overall circumstances of the case, the prosecution fails to prove that the defendant had the alleged intent [to use the laser pointers and spray paints for illegal purposes] at the offence location during the material time,” the magistrate said.
The defence did not ask for costs of the proceedings.
Police arrested Chan in 2019 but released her unconditionally after seeking legal advice. The defendant left for Australia in 2021 and returned five years later. She was subsequently rearrested and taken to court for the incident.
Wong presided over the trial of two former students, Chow Tsz-kin and Lai Ho-hang, who were stopped by police alongside Chan that night. They had in their possession two laser pointers and a can of spray paint. Both of them were acquitted in April 2021.
More than 10,000 people aged between 11 and 87 were arrested in connection with the 2019 protests, with nearly 3,000 prosecuted, according to police statistics.
Authorities have refused to set a deadline for pressing charges against protesters. Secretary for Security Chris Tang Ping-keung previously argued that such a move would go against the spirit of the rule of law and could risk “legalising illegal acts”.


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Hong Kong courts

Hong Kong woman acquitted of protest-related charges after return from Australia

Magistrate Edward Wong pointed out that there was no demonstration or people gathering when a police constable intercepted the defendant and five others on Oil Street in Fortress Hill in 2019. Photo: Nora Tam

Ami Chan left for Australia in 2021 and returned five years later. She was then rearrested and taken to court. Brian Wong

News

Hong Kong

Law and Crime

Court rules prosecutors have failed to prove beyond reasonable doubt Ami Chan carried laser pointers and spray paint for illegal purposes in 2019


Court rules prosecutors have failed to prove beyond reasonable doubt Ami Chan carried laser pointers and spray paint for illegal purposes in 2019.


Hong Kong protests

Australia

China

Hong Kong woman acquitted of protest-related charges after return from Australia

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Court rules prosecutors have failed to prove beyond reasonable doubt Ami Chan carried laser pointers and spray paint for illegal purposes in 2019

Court rules prosecutors have failed to prove beyond reasonable doubt Ami Chan carried laser pointers and spray paint for illegal purposes in 2019