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Occupy Central
Hong KongLaw and Crime

Occupy protester cleared after videos contradict 'bizarre, absurd' evidence from Hong Kong police

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Pro-democracy demonstrators and police clash as police try to clear an area during the Occupy movement in Mong Kok October 17, 2014. Photo: K.Y. Cheng
Chris Lau

A magistrate cleared a computer programmer of assaulting two police officers after dismissing the officers' evidence as "bizarre" and "absurd".

Cheung Tak-chuen, 29, was accused of pushing constable Chan Tung-on near Shantung Street during the Occupy protest in Mong Kok on October 17. Upon his arrest, he was alleged to have slapped another constable, Lai Kin-fung, in a police vehicle.

When Chan and Lai, who subdued Cheung, testified earlier in Kwun Tong Court, they claimed they did not notice another police officer using a shield to pin down Cheung. But the scene was captured on a video played earlier in court.

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Cheung Tak-chuen
Cheung Tak-chuen
"The duration was not short. There is no way Chan failed to see it," Magistrate Kenneth Chan Ping-chau said yesterday.

Lai also refused to admit he was captured on the video using his fist to press the defendant on the ground, the magistrate noted.

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He said the two were obviously worried that they and other officers could be accused of using excessive force. He added that Chan even gave the impression he was "fabricating reality" as he failed to recall core events.

The magistrate said the poor quality of the officers' evidence, which could give rise to reasonable doubts, meant he had to acquit Cheung.

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