Hong Kong protests: seven cleared of riot charges as judge rules black clothing, protective gear no proof of participation
- Applause inside courtroom as district judge says prosecutors failed to make their case
- To date, 11 Hongkongers have been acquitted of rioting charges and just one convicted after trial
District Judge Sham Siu-man on Saturday concluded there was no evidence showing what the defendants did before their arrests in Wan Chai, and ruled their presence alone was not enough to justify a conviction, even if they had been dressed in black and equipped with protective gear.
“Undoubtedly, the situation of the night in question was not something that one would often see in Hong Kong,” Sham said. “To some people, it was perhaps a rare and special historical moment. The court does not rule out the possibility that, among those present, there were indeed some who went there hoping to witness everything that was happening.”
Sham also sided with the defence in ruling there could be innocent reasons for flight before arrests, including leaving in response to a police warning, a spontaneous reaction to swarms of people on the move, or “out of fear of police” amid the social environment at the time.
“Their being participants of the riot is not the only reasonable inference,” he concluded. “The court is of the view that the prosecution has failed to prove the offences beyond reasonable doubt and therefore the court finds all the defendants not guilty.”