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Tsang Chi-kin was charged at Sha Tin Court on Thursday. Photo: Winson Wong

Taking Hong Kong protester shot by police to court ‘completely inappropriate’ lawyer says, as teen charged with rioting and assault

  • Tsang Chi-kin was hit with live round during clashes in Tsuen Wan on Tuesday
  • He did not appear in court as he is recovering in hospital after undergoing emergency surgery

The 18-year-old Hong Kong student protester who was shot in the chest by an officer during clashes on Tuesday has been charged with rioting and assaulting police.

Tsang Chi-kin did not appear in Sha Tin Court on Thursday as he was still recovering at Queen Elizabeth Hospital in Jordan, following emergency surgery to remove a bullet from his chest.

His defence counsel, Linda Wong, complained the case had been brought to court under “completely inappropriate circumstances”, as the prosecution did not disclose the time of his arrest or reveal the identity of the arresting officer.

“I’ve never come across this situation before in my many years of practice,” Wong said.

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But senior public prosecutor Ivan Cheung Cheuk-kan said the information had not been deliberately withheld, and would be provided by the time Tsang was required to enter a plea.

The case will return to the same court on Friday afternoon for legal arguments on whether Tsang can make a bail application without appearing in court, as requested by his lawyers.

He faces one count of rioting, which carries a maximum sentence of 10 years in jail, and was jointly charged with Polytechnic University student Yau Wang-tat, 26, over protests in Tsuen Wan on October 1.

Tsang, a Form Five student of Tsuen Wan Ho Chun Yiu Memorial College, was also charged with two counts of assaulting police, an offence punishable by six months in prison, and a HK$5,000 fine.

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Also on Thursday, opposition lawmaker Au Nok-hin was charged with two counts of assaulting police officers during an overnight clearance operation in Mong Kok on July 7. He will appear in Kowloon City Court on October 17.

Four other men and a woman – cleaner Chan Hang, 38, programmer Lee Chun-man, 25, and students Chan Kam-kwok, 19, Fung Ching-wah, 21, and Kwok Siu-kam, 22, were separately charged with another joint count of rioting. The cleaner was further charged with a count of arson.

Lee and Kwok were also absent from court as they remained in hospital. Their cases were adjourned to October 9, or after being discharged.

Other defendants had their cases adjourned to November 14, pending further police investigation.

Prosecutors opposed their release, but Magistrate Li Chi-ho sided with the defence in granting cash bail of up to HK$10,000 upon the condition they surrender their travel documents, remain in Hong Kong, and report to police twice a week.

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At West Kowloon Court, 26 people – including 18 students – were charged over protests in Wong Tai Sin district on National Day.

In one case, 15 people, aged between 16 and 28, faced one count of rioting over clashes on Lung Cheong Road.

Another 11 defendants, aged 14 to 29, were accused in a separate case of taking part in an unlawful assembly on Fung Tak Road and Ying Fung Lane.

Acting principal magistrate Peter Law Tak-chuen adjourned both cases to November 28 for further police inquiry, and released 19 of the defendants on cash bail of between HK$1,000 and HK$5,000, but with a travel ban imposed.

He ordered seven other defendants to be remanded in police custody, as they were still in hospital.

Meanwhile at Kwun Tong Court, student Lam Tsz-ho, 19, was charged with taking part in a riot at Tung Tau Tsuen Road, in the same district. He posted bail of HK$3,000 but is required to stay in Hong Kong and obey a curfew. He will return to court also on November 28.

Tsang was the first demonstrator to be shot with live ammunition since mass protests broke out in the city in June.

The suspects at the various courts on Thursday were among 269 people arrested on National Day, of which 93 were students.

Additional reporting by Victor Ting and Elizabeth Cheung

This article appeared in the South China Morning Post print edition as: Shot teen charged with rioting, assault
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