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Hong Kong protests
Hong KongLaw and Crime

First Hong Kong trial for protesters facing riot charges opens as prosecution concedes no direct evidence of trio’s actions

  • Lawyers argue defendants’ black attire, protective gear and attempt to flee police near scene serve as proof of involvement
  • Judge must also determine if the July protest in Sai Wan constituted a riot in the first place

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Riot police fire tear gas at anti-government protesters on Des Voeux Road West on July 28, 2019. Photo: Felix Wong
Jasmine Siu
The trial of the first Hongkongers to contest riot charges over their involvement in last year’s anti-government protests opened on Monday, as prosecutors sought a guilty verdict based solely on their black attire, protective gear, and attempt to flee the scene.

Eric Kwok Tung-ming SC asked the court to infer the trio’s participation in what he described as a riot in Sai Wan on July 28, after conceding there was no direct evidence of their actions that night.

The District Court heard all three were arrested in a dead-end alley connected to Des Voeux Road West, where the riot allegedly took place, after police issued repeated warnings and dispersed crowds with tear gas.

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Student Natalie Lee Yuen-yui, 17, gym owner Tong Wai-hung, 39, and his wife, 42-year-old Elaine To, have all pleaded not guilty to one joint count of rioting. Tong and To have also each denied one count of possessing a radio apparatus without a licence at Sai Yuen Lane on the same day.

Gym owner Tong Wai-hung and his wife Elaine To arrive at District Court to stand trial over a July 28 anti-government protest in Sai Wan. Photo: Jasmine Siu
Gym owner Tong Wai-hung and his wife Elaine To arrive at District Court to stand trial over a July 28 anti-government protest in Sai Wan. Photo: Jasmine Siu
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The trio was among the first batch of defendants charged with rioting since the wave of anti-government protests broke out over the now-withdrawn extradition bill last June.

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