Teenage boy sent to children’s home after arrest related to Hong Kong protest released by High Court but ordered to obey curfew

A 15-year-old Hong Kong boy sent to a children’s home after he was arrested during an anti-government protest last week has been released by the High Court.

The minor, who cannot be identified for legal reasons, had been in custody since August 29 until Mr Justice Anderson Chow Ka-ming on Thursday granted leave to his guardian to apply for a judicial review of the detention order.

But the judge did not grant a writ of habeas corpus as requested because he was not satisfied – based on the limited evidence before him – that the order was made without lawful justification when it could reasonably be argued as justified.

The boy’s immediate release came with the condition that he obey a curfew from 10pm to 6am until his next court appearance, scheduled for September 27. He was also reminded not to take part in any unlawful assemblies or processions.

A family representative said they were happy and comforted by the ruling, and thanked the public for their concern.

The court heard the boy was arrested for unlawful assembly while he was on his way home after attending a documentary screening with a friend near a protest site.

At the time, he was wearing a black T-shirt and black face mask. But he denied taking part in the alleged assembly, arguing instead that he was a passer-by who got caught up in the police clearance operation.

That account was backed by his father, who recalled telling him to wear a mask because of his medical condition and because police had recently fired tear gas in his neighbourhood.

Police have not charged the boy, but applied for a care and protection order from the Juvenile Court. He was subsequently sent to a children’s home on a magistrate’s order, pending further inquiries as to his welfare.

Teenager sent to children’s home after arrest applies for immediate release

His lawyers said the magistrate had erred in making the order because he rejected all of the boy’s explanations for his presence, took irrelevant reasons into account and failed to consider whether detention was necessary for the inquiries.

The judge had expressed surprise upon hearing the allegation that the magistrate had asked police to examine the boy’s phone and conduct further investigation into the criminal case when the court was dealing with the interests of the child.

Considering the boy was a good student who wanted to attend school and that police did not object to his immediate release, Chow granted the interim relief as demanded.

Meanwhile, a fourth person allegedly involved in detaining or assaulting a mainland Chinese journalist at Hong Kong International Airport was charged with false imprisonment and taking part in an unlawful assembly.

Surveyor Wong Yat-ho, 28, appeared at Eastern Court, accused of allegedly pressing on the back and shoulders of Fu Guohao, who works for Chinese state tabloid Global Times, and preventing him from fleeing. The incident took place on the night of August 13.

What a Hong Kong protester can expect on being arrested

He was also accused of joining an unauthorised assembly at the departures hall of the airport, where he allegedly conducted himself in a disorderly manner.

Principal Magistrate Bina Chainrai adjourned the case to October 28 to allow more time for a police investigation. She granted HK$5,000 (US$638) cash bail to Wong on condition he does not set foot within 100 metres (328ft) of the airport, obeys a curfew between 10pm and 6am and reports to police once a week.

Wong was the seventh person to be charged over the airport clash, among at least 11 suspects arrested.