Hong Kong protests: self-proclaimed paramedic loses appeal against riot conviction over August 31 clash in 2019
- Court rules being first-aider did not automatically grant riot suspect immunity from prosecution
- Trial court had ‘strong and powerful’ grounds to believe 27-year-old was a radical protester, judge says
A former transport worker who purportedly acted as a volunteer paramedic during violent clashes on a notorious date of the 2019 Hong Kong protests has lost an appeal against his conviction, with the court ruling out providing first aid as a viable defence.
The Court of Appeal held on Wednesday that the status of being a first-aider did not automatically grant a riot suspect immunity from prosecution, as the act of providing emergency treatment could in certain contexts, such as at the scene of violence, constitute assisting and abetting the disruption of the peace.
Chan Cho-ho, 27, was jailed for four years last year for rioting in Causeway Bay on the night of August 31, 2019, when an unauthorised rally from Wan Chai to Central descended into chaos that spread across Hong Kong Island. He was also fined HK$5,000 (US$637) for keeping a handheld radio without the required licence.
The District Court trial heard that around 300 protesters – most of whom were wearing black clothing and protective armour – set fire to roadblocks, hurled petrol bombs and shone flashlights at officers during an hour-long stand-off.
Chan, who wore an all-black outfit equipped with a chest guard, arm bracers, knee pads, gloves, a respirator, helmet, mask and goggles, was apprehended on Paterson Street at about 9pm as police were clearing protesters.
In convicting the defendant, District Judge Frankie Yiu Fun-che dismissed his claim that he had intended to offer first aid to those injured, noting he had only had six rolls of bandages in his rucksack at the time of his arrest.
Chan’s counsel argued the lower court improperly dismissed the ex-transport worker’s exculpatory statement, which was made promptly to his arresting officer at the scene and supported by his possession of first aid items.
