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Howard Lam kidnap saga
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Howard Lam arrives at West Kowloon Court in Sham Shui Po. Lam was charged with misleading police after his kidnap story unravelled during their hunt for evidence. Photo: Edmond So

Howard Lam lied about being kidnapped and tortured with a stapler by mainland Chinese agents, Hong Kong court rules

  • The 42-year-old founding member of the Democratic Party claimed he was abducted on August 10, 2017

Democracy activist Howard Lam Tsz-kin made up a report about being kidnapped, drugged and tortured by mainland Chinese agents who punched staples into his thighs, a Hong Kong court ruled before jailing him for five months on Friday.

Acting chief magistrate So Wai-tak said immediate imprisonment was the only sentencing option given Lam, 42, had shown no remorse for making up lies that would cause the Hong Kong and global community to believe mainland Chinese agents had abducted and tortured a member of a different political view, which would obviously cause concern, upset people and raise fears. He also slammed the activist for using a lot of police resources.

But the Democratic Party founding member maintained his innocence and stuck to his story that made international headlines when he dropped the political bombshell claiming he was abducted on August 10, 2017.

“I’m really disappointed that we don’t have a fair judgment and any justice in Hong Kong,” Lam said after he was released on bail pending appeal. “I’m not a liar. I’m not a liar. I tell the truth.”

His mother added in tears: “My son has never told a lie.”

Howard Lam shows his staple wounds at a press conference. Photo: Felix Wong
At a press conference organised by his party and attended by leading pan-democrats on August 11, 2017, Lam had said he was targeted for wanting to send a signed postcard from Barcelona soccer star Lionel Messi to Liu Xia, widow of the late mainland Chinese dissident Liu Xiaobo.

Police subsequently spent 7,000 man hours on the first month of the investigation alone, which cost more than HK$1 million (US$128,200), based on hourly pay, officer-in-charge Emily Lau Sze-wai revealed. One officer then spent four months reviewing 1,500 to 1,800 hours of security footage sourced from shops and buildings across four districts in the city.

“The entire investigation was very difficult … mainly because it involved a lot of CCTV footage,” said Lau, a detective senior inspector.

“CCTV was very important because it proved he was never abducted.”

After a trial at West Kowloon Court, Lam was found guilty of one count of knowingly making a false report to police about an offence, which is punishable by six months’ imprisonment and a fine of HK$1,000. He had no prior convictions.

His tale had struck a sensitive note among Hongkongers, who feared the possibility of mainland Chinese authorities contravening the “one country, two systems” principle, protected by the Basic Law, to exercise law enforcement powers in the city.
Those fears were particularly acute after the case of the Causeway Bay booksellers, when five Hong Kong-based men involved in the sale of publications banned in mainland China mysteriously disappeared in 2015 and re-emerged across the border for investigation.

Lam’s critics also questioned the Democratic Party’s credibility since he had first gone public with the account at a party press conference attended by senior members, including Martin Lee Chu-ming and Albert Ho Chun-yan.

Ho was also present in court on Friday, joining party lawmaker Ted Hui Chi-fung and Lam’s theology thesis supervisor at Chinese University, associate professor Kung Lap-yan, who had previously testified on the activist’s good character.

The court was certain Howard Lam was not abducted. Photo: Edmond So

The party would offer legal assistance to Lam in his appeal bid, chairman Wu Chi-wai said, adding that he respected the court ruling.

The high-profile trial centred on a police report Lam made to detective police constable Wong Kai-pui at Queen Mary Hospital in Pok Fu Lam after his August 11 press conference.

In the report, Lam claimed a mainland public security officer, named Xu Ke, contacted him and expressed dissatisfaction with his plan to give away Messi’s photo, and he was kidnapped two days later in broad daylight on Portland Street in Mong Kok.

A medical examination found he had linear bruises on his belly and 21 staples punctured into his thighs. He also had psychiatric medication such as tranquillisers and sleeping pills in his system.

But a turning point came after police viewed security cameras and found him walking freely in many clips when he had supposedly been kidnapped.

Lam was arrested on August 15, 2017.

A government forensic pathologist testified at trial that Lam’s injuries were potentially self-inflicted while the defence called British forensic physician Dr Jason Payne-James to explain his injuries were consistent with his story.

The magistrate said he had repeatedly viewed the relevant footage and observed Lam in court to conclude he was the man in black caught on camera walking around Yau Ma Tei to catch a minibus to Sai Kung, having a gait marked by his toes pointing inward.

He also observed that Lam did not show any signs of having being tortured in undisputed footage taken after the alleged abduction, which showed him buying cigarettes and food from McDonald’s and eating at a deserted car park before going home.

But So noted these clips had to be viewed together with the medical evidence, given Lam had tried to conceal his appearance by wearing sunglasses, mask and cap.

While the magistrate said he believed Payne-James was an honest witness, he eventually sided with the government’s expert, whom he said had the chance to examine Lam in person and had offered a reasonable and reliable analysis of the injuries.

“The court is certain there never was an abduction,” So concluded. “He must have known he was lying. He had orchestrated the entire incident.”

This article appeared in the South China Morning Post print edition as: Activist jailed for making up kidnapping report
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