Hong Kong protests: man cleared of weapons charges after magistrate accepts baton, laser pointer found in car may be from passengers
An insurance agent in Hong Kong who was found with a baton and a laser pointer in his car during an anti-government rally last year has been cleared of weapons-related offences, after the magistrate accepted that the items might have been left behind by protesters he had ferried.
Ng Kai-nam was acquitted of one count of possessing offensive weapons at Tuen Mun Court during a police operation on September 21, when officers were stationed in different parts of Tuen Mun before a protest.
The 39-year-old was intercepted on Tseng Choi Street by police, who subsequently seized the 50cm (20 inches) baton, laser pointer, helmets and respirators from three rucksacks found in the boot of his vehicle.
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Ng testified that the items belonged to four hitchhikers who were about to take part in the demonstration, adding that he had advised them on bypassing police checkpoints and told them to leave their bags in his car to avoid being caught.
He also said he did not realise there were weapons in the bags.
On Friday, acting principal magistrate Kathie Cheung Kit-yee ruled that Ng must have known that the four protesters had prohibited weapons with them, as seen in his suggestions to the group on how to evade arrest.
But she found Ng not guilty of the offence because she was unsure if he knew the actual nature of the items, pointing to reasonable doubt which prosecutors had failed to resolve.
In a separate case, a 16-year-old teenager was remanded in custody ahead of sentencing, after he was convicted of assaulting a police officer during another Tuen Mun demonstration on October 7.
The Form Three student, who was 15 at the time of the offence, was said to have hit a policeman from the Special Duties Unit – dubbed the “Flying Tigers” – with a hammer, leaving him with a 2cm (0.7-inch) bruise on the right shoulder.
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Ruling in favour of the prosecution, Magistrate Jacky Ip Kai-leung dismissed the teen’s complaint that he had been beaten up by officers before his arrest, suggesting he had fabricated the story and exaggerated his injuries.
Defence lawyers said in mitigation the student had been diagnosed with oppositional defiant disorder, which made him emotionally unstable and impulsive at times. He was supported by legislator Eddie Chu Hoi-dick and two district councillors, who described him as a promising youth and an active volunteer in community work.
But Ip said he would not limit himself to non-custodial sentencing options in light of the gravity of the offence. He called for reports to assess the student’s suitability to be given probation or sent to a correctional facility.
The student will be sentenced on August 7.
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