Hong Kong protests: founder of banned pro-independence party Andy Chan acquitted of unlawful assembly, assault charges after concerns raised over mistaken identity
- Andy Chan was accused of disrupting public order alongside 200 others and hitting a sergeant in the head in Sheung Shui on July 13 last year
- But West Kowloon Court Magistrate Lily Wong says prosecution failed to prove the case beyond reasonable doubt
A Hong Kong court has acquitted the founder of a banned pro-independence party of unlawful assembly and assaulting police during last year’s anti-government protests, citing the possibility the case involved mistaken identity.
Andy Chan Ho-tin was on Saturday cleared of the charges that stemmed from a demonstration in the border town of Sheung Shui on July 13, 2019. Chan was accused of disrupting public order alongside some 200 protesters and smacking a sergeant in the head.
West Kowloon Court Magistrate Lily Wong Sze-lai said the prosecution had failed to prove the case beyond a reasonable doubt, as pictures of the alleged offender submitted to the court were not clear enough to show he was Chan.
The lack of a qualified facial mapping expert who could prove the presence of the 30-year-old Hong Kong National Party founder at the scene also supported the defendant’s acquittal, Wong added.
The prosecution alleged Chan committed the offences that evening after an approved rally in Sheung Shui against mainland Chinese visitors and parallel traders came to a close.
The standard of proof in criminal cases is very high ... The benefit of doubt goes to the defendant
The demonstrators were said to have surrounded four officers, in an illegal assembly, and challenged their decision to stop and search two men who walked past the area at around 5.15pm, with Chan allegedly smacking Station Sergeant Chan Kwok-sum in the back of the head from behind in the heat of the ensuing conflict.
The court was told that after confronting the officers, protesters soon began assaulting them, pelting them with hard objects and pouring soft drink on them.
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Prosecutors submitted three pieces of video footage in support of their allegations. In one clip, a masked man in black – whom prosecutors identified as Andy Chan – was seen reaching towards the sergeant, but the video did not capture the alleged assault as the camera’s view was blocked.
The defence counsel denied his client was involved in the illegal gathering, saying the black-clad assailant in the videos was not Chan.
In reply, the prosecution cited the record of a cash card seized from Chan, which showed its holder had used it to exit Sheung Shui railway station at 5.32pm that day.
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But in Saturday’s verdict, Wong said there was insufficient evidence to show Chan was the one who used the card that evening.
Wong further observed that even though it could be proved that Chan did travel to the border town, it was still too rushed for him to join the unlawful assembly and attack the sergeant immediately after his arrival.
On the issue of identity, the magistrate found it illogical to convict Chan based on the limited facial characteristics of the alleged attacker shown in the footage, especially given he had covered his face with a mask.
I like Hong Kong ... I have no plan to leave Hong Kong
Wong cited the findings of a government forensic scientist, who said he could not conclude the apparel of the attacker and that of Chan were identical even though they were of very common design.
She added that the scientist was not an expert in facial recognition who could give evidence on whether the alleged offender in the footage was the defendant.
“I am in a very difficult position, that is to rely on a picture which only captured the eyes, eyebrows and part of the forehead of [the offender] to determine whether he was the defendant,” Wong said.
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“I need to reiterate that the standard of proof in criminal cases is very high. The prosecution must prove their case beyond reasonable doubt ... The benefit of doubt goes to the defendant.”
Chan said after his acquittal that his prosecution was one of many criminal proceedings launched after what he called the arbitrary arrests of protesters during last year’s anti-government movement.
Responding to questions whether he would leave the city following the high-profile arrests of opposition figures, Chan said he was more inclined to stay.
“I like Hong Kong ... At least in the coming few months, I have no plan to leave Hong Kong,” Chan said.
The Hong Kong National Party became the first political party outlawed by the government since the city’s handover from Britain to China in 1997, after authorities declared it an illegal society and banned its operation on national security grounds under the Societies Ordinance in 2018.
