Prosecutors say defendants were at scene, but there was no proof they had disrupted social order
CHRIS.LAU@SCMP.COM
UPDATED : Thursday, 07 April, 2016, 12:22pm
Former Scholarism member Derek Lam (centre) claimed he was a victim of political prosecution. Photo: David Wong
Ten defendants charged over the Mong Kok riot walked free on Thursday – including a former member of now-defunct student activist group Scholarism – with the city’s prosecutors citing a lack of evidence as reason for withdrawing the allegations.
Charges were dropped after prosecutors reviewed the evidence against the 10 but found insufficient grounds to prosecute, deputy director of public prosecutions David Leung Cheuk-yin told Kowloon City Court.
Among the 10 was former Scholarism member Derek Lam Shun-hin, who originally faced one count of riot after being nabbed at the airport on his way to Taiwan.
After hearing Leung’s request to drop charges, principal magistrate Peter Law Tak-chuen told Lam he allowed the allegations to be withdrawn.
The sole underaged defendant, a 15-year-old who faced one count of riot, also had his charge withdrawn. His identity cannot be revealed due to a court order.
Before Thursday, a total of 51 defendants had been brought to court to face various charges over the riot that took place in Mong Kok, a busy Hong Kong neighbourhood, on February 8 and 9. Of those, 43 reappeared in court on Thursday.
Leung said although it was evident that the 10 were at the scene, none of the evidence showed they had disrupted social order.
As for the others, Leung said, police would need more time to investigate, during which legal advice had to be sought.
He asked for the case to be adjourned to May 10, which the magistrate granted.
Outside court, Lam accused the police of political prosecution.
“There has never been any evidence other than a policeman claiming I was giving orders to people that day,” said Lam, who is frequently seen at protests.
Lam added that he was at the scene only to support the hawkers and to catch a movie that night.
http://m.scmp.com/news/hong-kong/law-crime/article/1934114/mong-kok-riot-charges-against-10-hongkongers-including
