Waiter convicted for Mong Kok riot role argues his silence was used against him
At appeal, defence challenges nine-month jail term as ‘manifestly excessive’
One of the five reasons given was that Chan, a member of Civic Passion, remained silent and did not question the arrest even after being cautioned.
But defence counsel Robert Pang Yiu-hung SC argued such considerations were not permissible, as seen from past Court of Final Appeal judgments.
“It is inappropriate in Hong Kong to use a person’s silence against him in any way,” he told Mrs Justice Judianna Barnes Wai-ling at the High Court. He said a caution was only meant to remind suspects of their right to remain silent, therefore a court could not draw a negative inference when one decided to keep quiet – even if it defied common sense.
It is inappropriate in Hong Kong to use a person’s silence against him in any way
“The magistrate made a mistake,” Pang said in challenging what he described as an “unsafe” conviction and “manifestly excessive” sentence.