Social worker who urged police restraint during 2019 demos will not testify at retrial; verdict next March
Hong Kong Free Press
Hong Kong social worker Jackie Chen has decided not to give testimony during her rioting retrial, where she could face 10 years imprisonment if the government successfully challenges her acquittal.
Chen appeared at the District Court on Monday – the sixth day of her retrial. The defence told Judge May Chung that Chen would not give any testimony, as she submitted five character witnesses who all testified about the reputation of the defendant.
The five witnesses are professionals from the social welfare sector, including Suen Lai-sang, the former director of Hong Kong Christian Services, Cheung Chi-wai, chair of the Hong Kong Social Workers’ General Union, and Peter Kwan, former CEO of Hong Kong Student Aid.
The court will hear the closing statements from the defence and prosecution with a verdict set to arrive on March 11, 2025, Chung said.
Judge Chung ruled Chen had a case to answer last Friday after the prosecution summoned police officers to testify and showed CCTV and news footage to the court.
The social worker had pleaded not guilty to one count of rioting in relation to a protest on August 31, 2019 at the height of the 2019 protests and unrest. That day, demonstrators set up road blocks in Wan Chai and Admiralty, clashing with police officers who deployed tear gas and water cannon to disperse them.
Chen was charged along with another seven people four years ago. The case was first heard by another judge – Sham Shiu-man – who made the ruling after the prosecution showed that Chen’s conduct and speech did not amount to an unlawful assembly, let alone a riot.
Sham also found the rest of the seven defendants not guilty, saying that their mere presence on the scene was not enough to prove guilt. Sing Tao Daily reported in 2021 that Sham applied to the Judiciary for an early retirement and planned to leave with his family to the UK after stepping down.
The government appealed against all of the acquittals, with the Court of Appeal allowing the challenge in July 2023 as it said Sham was “plainly wrong. ” However, four previous defendants had already left the city.
Lai Pui-ki, Chung Ka-nang and Jason Gung, who are still in the city, changed their pleas to guilty in September and have been remanded since. The trio will receive their verdicts next April.
‘Encouraging others’
Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.”
Chen was present during several protests that year to liaise between protesters and police.
Appeal judge Jeremy Poon said last year that judge Sham had not considered whether Chen, through her presence, “was intentionally encouraging others to take part in the riot, thereby jointly committing the offence with others.”
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.
,