A SHORT-SIGHTED Chinese herbalist was cleared yesterday of indecently assaulting a 16-year-old schoolgirl when an Appeal Court judge said he had doubts about his conviction. Chan Pak-keung, 36, was convicted after trial before Eastern Magistrate Li Zong-er, who found Mr Chan had rubbed his elbow against the girl's breast at the Convention and Exhibition Centre on February 24. Mr Justice Litton heard yesterday that the girl said Mr Chan, who has very poor eyesight, had twice bumped into her, touching her breasts, but she thought it was an accident. However, when she saw him bumping into another woman, she thought he had acted intentionally and reported the matter to the police. Mr Chan was sentenced to 200 hours' community service. Yesterday, as Mr Chan was escorted to the dock by his wife, his counsel Alexander Lau explained he was very short-sighted. The defence claimed any bumping by Mr Chan was accidental and he had no intention of indecently assaulting the girl. At the time he was also carrying a portable phone, a handbag and some papers under his arm, which Mr Lau said made it less likely he had intended to commit the offence. Allowing the appeal, Mr Justice Litton said the incident happened in a flash and at first the complainant thought nothing of it. He said the magistrate erred in saying there were few people around at the time, and that the complainant sensed it was an indecent assault. In fact the girl said people were present and it was only when she saw the man bump into another woman that she complained. He said he had a lurking doubt as to whether justice had been done, and quashed the conviction as unsafe.