Eastern Law Courts Building in Sai Wan Ho. Photo: Handout
Source:
https://scmp.com/news/hong-kong/law-and-crime/article/3018398/hong-kong-university-graduate-fined-stripping-naked Law and Crime
Hong Kong university graduate fined for stripping naked during Pride Parade in 2018 ‘to advocate LGBT rights and show body autonomy’
- Court has to balance rights of an individual and public, magistrate says, finding man guilty of indecency
- Offender yet to decide whether to appeal against verdict
Wong Wing-fung leaves Eastern Court on Friday after being fined for indecency in public. Photo: Chris Lau
A Hong Kong university graduate was fined HK$900 (US$115) on Friday for stripping naked during last year’s Pride Parade after a court refused to accept his excuse that it was a performance to advocate LGBT rights.
Wong Wing-fung, 22, was handed the fine at Eastern Court after he was found guilty of indecency in public.
A Catholic, Wong also pretended to burn a Bible as a gesture to shatter social and moral constraints. His lawyers argued his actions should be protected by the city’s constitution and Bill of Rights.
But magistrate Pang Leung-ting disagreed. “It is unquestionable that a right-minded person would be of the opinion the act of the defendant was indecent,” he said.
The magistrate said the court had to balance his rights and that of the public of not being exposed to indecency.
Since Wong had not informed nor warned anyone including police of his intentions, he had neither the lawful authority nor a reasonable excuse to do so, Pang ruled.
“[It] took place on Hennessy Road in Wan Chai, which was very crowded,” the magistrate said.
His action affected not only the marchers but also pedestrians.
Pang said a custodial sentence would have been too harsh. The offence usually carries a maximum jail sentence of six months and a HK$1,000 fine (US$128).
Wong said he was a little disappointed. “But, I think it’s fair,” he added.
Wong, who was supported by Civil Human Rights Front convener Jimmy Sham Tsz-kit in court, is yet to decide whether to appeal.
His trial centred on a video which captured Wong standing naked in the middle of the road that day. He wrapped a red rope, which was tied to a metal railing, around his genitals before pretending to burn a Bible with a lighter.
His stunt lasted for three minutes until police arrived. They arrested him after giving him two warnings.
His lawyers earlier argued that nude protests were common overseas. To find Wong guilty would be to deprive him of his rights, they asserted. But the magistrate said the court found the deprivation was proportionate.
In mitigation, barrister Randy Shek differentiated Wong’s case from other indecent cases where victims were sexually harassed.