August 31, 2019 Wan Chai Conflict – All eight people who were not convicted of riots charge. "our future were connected behind the defendant stand.”

On October 31, 2020 in Court 39 on the 11th floor of Wan Chai District Court, Judge Shen made a ruling on the 8.31 Wan Chai riot case. "I believe that the prosecution failed to provide evidence without doubt and ruled that all the defendants were not guilty." As soon as the verdict was announced, the court immediately burst into applause. When the court was over, the seven defendants who had been charged with rioting charges for more than a year couldn't hide their excitement. They rushed out of the defendant stand in the past 17 days and hugged their relatives and friends at the court. A female defendant cried bitterly—fortunately, these were tears of warmth and joy; a group of defendants stepped forward to thank the team of lawyers. During the period, some people said, “this should be the outcome.” Some people have lingering fears and lament that luck is not too bad, "It seems like winning a big jackpot."

"We will remember everyone's full name even after a few decades." On the evening of August 31, 2019, demonstrators erected roadblocks off Hennessy Road and Luard Road Church in Wanchai. These roadblocks hoped to prevent the police from advancing. The fire at the scene was fierce, reaching a height of one or two stories at one time, and there were many explosions. The demonstrators retreated all the way towards Causeway Bay, and the riot police and the special squad traced both sides from Luard Road and Hennessy Road. Many people along the road were subdued by the speed of special squad team, including Ms. Chen, a social worker who repeatedly called "police restraint", and seven other people including Ali, Day, KaiHon, Deying and KaQing. They became the 8 defendants in the defendant column of the same case. During the 17-day trial, repeated broadcasts of the night’s footage in the court did not reveal any violent acts by the eight defendants. They were accused of rioting because they appeared at the "riot scene" defined by the prosecution.

"I felt a peace of mind, because I didn’t get on the tourist bus alone and get handcuffed and left." Ali said. Deying, who was also detained in San Uk Ling Holding center, also remembered that thanks to Ms. Chen's comfort, her mood gradually calmed down. Among the eight defendants, except for 42-year-old Ms. Chen, everyone is in their 20s, and one is only 19 years old. In the eyes of 23-year-old Ali, Ms. Chen was like a big sister, who accompanied them through the year they were arrested and interrogated. Sometimes, the eight people on the dock will pretend to be relaxed, fantasizing that the crime will become imprisonment, "When you enter, remember to share and eat, leave me chicken legs!" Others may feel tense, "I'm sorry. "I don't know that we are just laughing, but in fact I (8) are shocked." Ali further described that the 8 defendants were familiar with the case and encouraged each other to spend the trial together. "Sit in the prisoner's bar, at least there are people next to it. We are sitting in it, and I feel that the strength is much greater." She continued, "Will I remember him in a few decades? Maybe it's, once in a lifetime?" She didn't forget to add, "...I hope this is the only time." "Maybe we won't keep in touch, but I think we may meet in some places and still recognize everyone. Then maybe we will still be greed by everyone’s full name after a few decades.”

From 8 defendants to 7 – "I am just the beginning" said Jackie Chen

"I consider the words and actions of Jackie Chen Hung-sau on that night were insufficient to constitute the offense of unlawful assembly, let alone a rioting offense... the charges are withdrawn!" It was September 29, the 13th day of the trial. The judge Sham Siu-man declared the prima facie evidence against Jackie Chen was insufficient and she was released in court. The verdict stirred a small commotion in the courtroom. In the defendant’s dock, the 7 other defendants quietly congratulated Chen, and she received an embrace from Ali outside the courtroom. She was sincerely happy that her comrade-in-arms who accompanied her through their detention at Sun Uk Ling Holding Centre and a prolonged interrogation for nearly a year was finally acquitted.

Jackie Chen is known by the public as she was always at the scene of the anti-extradition law amendment bill (anti-ELAB) protest over the past year. Her involvement in legal proceedings naturally became a public concern. The news of Chen’s release even became a hot topic on the internet, with many netizens celebrating that justice has been upheld.

In reality, Chen felt conflicted. On the one hand, she was surprised that the prima facie was not established. On the other hand, the remaining seven defendants still awaited trial. She said that in fact, she did not want to leave the dock, "because I felt like I was abandoning the others."

After the recess, the number of defendants in the dock changed from 8 to 7. Without Chen, the rest were unknown defendants to the public. "I hope I am just the beginning, and that they will be released soon." Chen said, which her wish came true a month later, that all 7 people were acquitted. A reporter asked Chen how she felt, given that she attended the hearing early in the morning. She only said that she was pleased with the verdict, but declined further questions, explaining that the focus of the day should be on the other seven people, not on her.

Teaching aspirations were taken away

Among the seven, the youngest was the sixth defendant Kan Ka-hong, who was only 18 years old at the time; the oldest was the third defendant, computer programmer Day, still only 26 years old.

Different people lead different lives. The trajectories of these seven young people who were burdened with rioting charges, now trapped in the same dock, have been inevitably impacted by this case.

For instance, if the second defendant Ali was not arrested on 31 August last year, she would have started her job as a teaching assistant the next day, September 1st. She dreamed of becoming a teacher since she was young. Before she was arrested, she had found a job as a primary school teaching assistant and signed a contract. She smiled coyly when asked why she wanted to become a teacher because she felt the reason to be corny – "influencing other’s lives with mine".

Last year, the anti-ELAB movement broke out, further reinforcing Ali's teaching motivations. "I want to be a teacher who is not stained in "red". Even though I have my own political opinions, I can nevertheless instill proper, unbiased knowledge when educating my students."

Unexpectedly, she was arrested on the eve of the new school year. After being detained for 48 hours, Ali was taken straight to court and was unable to go to work as scheduled. Overnight, she had become a defendant of riot charges, with her dreams shattered. After being released on bail in court, Ali finally returned to school — but only to deal with the formalities of dismissal, the reason given was "absenteeism."

The school did not explicitly state that the dismissal was related to her arrest, but they emphasized that the employee must request leave in person, "If you got your family to call in for you, then we have a right to dismiss you".Ali recalled before leaving, that the representative of the school added, "(We) always knew you were such a person”.

The reason for the dismissal was far-fetched, and Ali was indignant. She remembered that during the interview, the school staff asked about her views on the social movement. She replied at the time, "Everyone has their way of fighting for freedom. I don't think there is a wrong way." When she received a job offer, she thought this meant that the school respected her opinion, "but when they fired me, they said, "We knew that you were such a person; don’t you know that it’s wrong to destroy society?”

As a defendant in the past year, even though she was not convicted, Ali already knew that finding a job would be difficult. “Schools will have a lot of concerns and it will be more difficult to find a job.” In the past year, because of their political views, teachers have been discriminated against, reported, complained at, some even lost their teaching license. All these concerns gave her second thoughts about her career in teaching.

"In such a social climate, would I still want to be a teacher?"

Ali's mentor still supports her in pursuing her dreams, even suggesting her to change her name to get a job. After all, her full name was shown by many publications online, which may affect her job prospects. However, she was deeply upset. "Changing my name is easy, but why can’t society accept young people who have been accused in the past?"

"If I'm not guilty in the end, why can’t they accept such a person? If they (society) were being understanding, and I am proved innocent even if I was accused, why would I still need to change my name?"

A couple as both defendants of the same case

The first defendant Yu Tak-wing and the seventh defendant Mok Ka-ching have been together for 8 years. 

Before the day of the judgment, both of them could not sleep so they made a call. Tak-wing, who is now 24 years old, chuckled and told the press that he has not made such a lengthy phone call with his girlfriend ever since they graduated from high school, where that call could be their last phone call before they were found guilty and put to jail. 

He also took the chance to pat his dear cat since he was worried that the cat might have already passed away when he is released from prison. 

Ka-ching, who is also 24 years old, expressed her concerns about after the arrest, her life is like a pendulum clock and she could hardly make any future plan. ''I signed an employment contract right before the arrest. I won't find a full-time job but a part-time job now since I don't know when I will be called by the court.'' She dared not to buy a new phone as she might go to jail in three months, nor making important decisions such as getting married, despite her friends kept urging them to get married. She could not imagine about this as she hoped that their marriage could be held under a stable environment. ''I don't want us to be separated for six or eight years right after we get married.'' She worried the most about her online business. Before the day of the judgment, she tried her best to teach her mother about how to take care of her business and customers. However, her mom does not know much about computers, ''Such a struggle, I can't cover her when she misses anything afterward.'’

Meanwhile for another defendant, to ensure that she would be able to attend the court, Ali only worked part-time this year. Facing the riot charge, she was not that worried at first, but as the trial started to proceed and frequent meetings with lawyers began, she felt the immense gravity of such a charge. 

She went to listen to the court judgment of the first riot case, which the defendant who pledged guilty and was imprisoned for four years. Sitting on the public stand, Ali realized the countdown of her time with freedom. ''I am accused of riot charge too, what if I am also imprisoned for 4 years?'' In months before the trial, she met her family and friends to make the best use of her remaining time, ''I want this to end as soon as possible. Guilty or not guilty, I just want to work, get a job that I like, and do something for myself.'

There are also ones who think differently, just like Day. Day was quite optimistic before the judge when he was being interviewed. He told us that the case did not affect his future plans, and does not even induce him to plan for moving to other places. ''I am proud of being a Hong Konger, and we should stay in here.''

From his perspective, the greatest trouble of the case is that ''The police took my phone, along with the information I prepared for my master thesis.'' After a moment, he laughed and said, ''It doesn't matter, I can do my research again.''

When being asked about more in-depth questions, he showed his faith in the Rule of Law and the court, ''Hong Kong has the Rule of Law, it’s the core value of this place and I know there would be a fair judgment to the case.''

Day's confidence probably comes from Jackie Chen Hung-sau, a social worker and also a defendant of the same riot case, who was released as prima facie is unfounded.

He believed that the evidence provided by the prosecutor cannot prove that his actions on 31 August constitute the action of participating in a riot event. Even if he is found guilty, he could start an appeal. ''Lies won't become true even if you tell it a hundred times.''

When he was asked if the outcome is different from what he wishes, he remained calm and replied with ''So be it.'' He even planned to finish his master's degree inside jail if he was imprisoned.

“I am not guilty to the charge in all my faith,” said the youngest defendant.

On 31st October 2020, 7 defendants involved in the clash in Wanchai on 31st August 2019 acquitted from charges of riot, with happiness around the courtroom. While some of them celebrating and crying tears of joy, the 6th defendant, KAN Ka-hong, who is 19-years old, was the calmest one though he is the youngest among those 7 defendants facing the maximum 10-year imprisonment of riot charge.

“I am not in the right frame of mind to say anything”, said Ka-hong.

Ka-hong attended the verdict hearing with his black suit. While stepping into the courtroom, he saw some of them were crying or had cried. “I am strong enough, to be a positive role model for them”, said Ka-hong. 

Witnessing those precedent defendants acquitted from the charge with all the pressures eased, Ka-hong kept his personality of calming and talked to his friends peacefully in a corner next to the courtroom, during a break of the hearing. The only difference was Ka-hong wore a joyful face on the day.

“Are you really not worrying about your case? Why?” a reporter attempted to dig into Ka-hong’s emotion, only he affirmed that he has full faith in not being guilty. 

The couple Ka-ching and Tak-wing also acquitted from the charge, “No better result of this case!”.

However, no one would say that is the end of the case, under the current Hong Kong government’s ruthless policy against protesters, the Department of Justice would be expected to file an appeal. “It is always unpredictable in court trials, not about if the evidence is strong enough to prove a charge against you, but how the judge accepts and interprets the evidence presented before him; what if a judge with bias accepts all the evidence from police officers who are usually dishonest?”, Ka-ching commented.

Ka-ching shouted out to Hong Kong people to stand on right and justice without fear. She admitted that the CCP would not allow Hong Kong people to participate in any protests anymore, and would even ban all the slogans against them or they do not like. However, Hong Kong people still have different ways to stand on the opposition movement, such as buying from “yellow shops” (pro-opposition camp shops) and attending court hearings to offer support to other protesters.

After the verdict, many press reporters were receiving the young couple leaving the court building. Some of their friends offered to accompany them with umbrellas but they were rejected politely. “We have nothing to hide, we are right and justice”, the little couple left holding each others' hand.

Looking for a job after a trial?

Before the opening of the court verdict, the 7 defendants were anxious with disturbed and reluctant expressions. No one including the defendants, their friends, and lawyers were able to say whether the meet-up before the verdict would be a farewell of freedom.

With the acquittal announced by the judge, all the defendants and people in the courtroom slacked off from the anxious. Some friends made jokes to the defendants, “Be on time tomorrow for your work”, to which they responded seriously, “Yes, we look forward to that, we can get back to our job and position”. 

Acquitting from the riot charge, they probably are not looking forward to a job, but resuming a normal life with freedom.

Source: StandNews #Oct31

#WanChaiConflict #RiotsCharge #Defendant #Court

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