5 Hongkongers acquitted of loitering in store linked to 47 democrats case after judge issues bind-over orders
Hong Kong Free Press
Five Hongkongers who were charged with loitering at a chain store linked to the city’s largest national security case have been acquitted after the judge issued good behaviour orders.
Ip Ka-kin, Ip Tsz-kin, Tsang Wai-shing and two defendants who were unnamed as they were minors appeared at West Kowloon Magistrates’ Courts on Friday for the fourth day of their trial after pleading not guilty to “loitering causing concern.”
The case relates to incidents last February, when the defendants were accused of shouting and harassing customers at the Mong Kok branch of AbouThai, a retail chain store owned by Mike Lam.
The incidents took place following reports that Lam, who was charged in the high-profile national security trial involving 47 democrats, would testify against his co-defendants. The case revolves around unofficial primaries in 2020, held to try and help the city’s pro-democracy win a controlling majority in the legislature in the later-postponed Legislative Council elections.
Magistrate Patrick Tsang on Friday handed the defendants bind-over orders requiring them to be on good behaviour for two years, The Witness reported, or face a fine of HK$2,000.
A bind-over order is an agreement between the court and the defendant to maintain good behaviour for a certain period. It is neither a punishment nor a criminal conviction.
‘Funny video’
The trial began last Tuesday with the court playing a video interview of the youngest defendant, according to Ming Pao. The defendant said in the interview that he met Tsang, a taxi driver who is known for making YouTube clips under the name “Brave Dog,” on Instagram. He had known Tsang for around a month when he met up with him and the other defendants on February 3 last year to film a “funny video” at AbouThai in Mong Kok, he said, adding that he was “accompanying them” and “just playing around.”
The then-14-year-old went with his friend to the same AbouThai store two days later, he said in the interview. He said he intended to make another video to get views, but in the end he did not share it on social media.
He added in the interview that he was aware that there was a “common view” about Lam in society and that he wanted to take part in “hating this person.”
At the time, online commenters had called for boycotts of AbouThai, the chain store Lam owned and the shops of which had been used as polling stations during the unofficial primaries, saying Lam had betrayed the pro-democracy movement.
The other minor, who was 15 years old at the time of his arrest said in his video interview – which was also played in court – that Tsang suggested filming a clip in Abouthai to “rebuke” Lam because his political stance had changed.
After learning of their acquittal, a picture posted to their Instagram accounts showed some of the defendants posing outside the court building. “After all this time, all [of us] have been acquitted and released,” the caption read.
The 47 democrats trial ended last December after 118 days. A judge said at its closing that there were “no guarantees” when the verdict could be expected.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
HKFP has an impartial stance, transparent funding, and balanced coverage guided by an Ethics Code and Corrections Policy.
Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.