Hong Kong protests: prosecutors press more serious charges against suspects for carrying zip ties to 2019 clashes
- Cheng Ho-lun and Fung Tin-ching accused of rioting and illegally keeping a total of four packs of plastic ties in Yau Ma Tei on November 18, 2019
- Despite top court’s recent ruling on zip ties, prosecutors cite more serious offence of possessing articles with intent to destroy or damage property
Hong Kong prosecutors have pressed more serious charges against two riot suspects for carrying plastic zip ties to clashes during the 2019 social unrest, after the city’s top court held that a lighter offence previously invoked to punish the possession of the item in protests could no longer be used in future cases.
The Court of Final Appeal last Friday acquitted the first person jailed for keeping zip ties during the unrest, after ruling that the charge of possessing instruments fit for unlawful purposes was inapplicable in cases involving the plastic fasteners which were widely used by both protesters and police.
But the landmark ruling may have little impact on the outcome of the trial of teacher Cheng Ho-lun, 27, and automotive technician Fung Tin-ching, 24, who stood accused before a deputy district judge at West Kowloon Court on Thursday of rioting and illegally keeping a total of four packs of plastic ties in Yau Ma Tei on November 18, 2019.
The pair were among 11 men accused of rioting that night in the vicinity of Polytechnic University, the site of intense confrontations where protesters built their stronghold and resisted enforcement actions.
Apart from the riot charge, Cheng and Fung had each faced an additional count of possessing instruments fit for unlawful purposes over the zip ties.
Instead of dropping the charge in light of the top court’s ruling, prosecutors cited the more serious offence of possessing articles with intent to destroy or damage property, as they looked to hold the pair responsible for bringing the ties to the protest.
While possessing instruments fit for unlawful purposes is punishable by up to two years in jail under the Summary Offences Ordinance, the new charge carries a maximum jail sentence of 10 years under the Crimes Ordinance.
On-fiat prosecutor Simon Ng Ka-chung on Thursday said his team had reasons to believe the two accused had intended to use, or cause or permit others to use, the ties to damage property.
“Considering that [the zip ties] could be used to tie things up and erect a barrier to block roads, which would require efforts to clean up afterwards ... the court can be sure that they had broken the law with intent,” Ng said, adding the circumstances surrounding the defendants’ arrests also strengthened their position.
Hong Kong landmark ruling on zip ties acquits first person jailed over items
The court heard that police had besieged a large number of protesters on a section of Nathan Road between Waterloo Road and Hamilton Street at around 11.30pm on the day concerned.
Those caught included Cheng, Fung and the other nine co-defendants: analyst Chan Tsz-kin, 25; jobless Cheng Wai-kit, 26; salesman Cheung Ho-yin, 27; computer technician Cheung Yuen-shan, 25; clerk Chow Ming-chi, 44; driver Ho Cheuk-ming, 36; and students Chan Kin-hei, 20; Fong Kam-fai, 26; and Ho Chung-yuen, 25.
Ng said the 11 had at least encouraged other riot participants with their physical presence at the scene, adding they had no reason to go there despite repeated warnings by police.
The trial before Deputy District Judge Ivy Chui Yee-mei is expected to last 30 days.
