1004 Foreigner closed door at scene of protest and was accused of disruption of public conduct

The government invoked an emergency law in October 2019 to enact an anti mask law, which has already sparked protests in various districts before it was officially implemented. A male from Mainland held a camera in Central to film the protest, which was stopped and followed by protesters. Later, when the man from Mainland approached Chater House, a retired Swiss man in his seventies blocked the glass door to prevent him from entering the building. In the end, the mainland man was punched and beaten. The case was arraigned in the Eastern Magistrates’ Court today on a charge of aiding and abetting a disorderly conduct in a public place. Chief Magistrate Chainrai Bina adjourned the case to May 15 on the defence’s application.

The charge is that on 4th October 2019, in a public place outside the ground floor of Chater House, 8 Connaught Road Central, the defendant, aged 74, of Swiss nationality, aided and abetted some other persons to act in a noisy or disorderly manner with intent to provoke others to breach the peace of the community. The aforementioned behaviour is likely to lead to a breach of the peace of the community. It is understood that the Defendant has resided in Hong Kong for over 40 years.

While the case was adjourned, the defendant continued to be released on $2,000 bail with no access to prosecution witnesses.

It is understood that the prosecution alleged that during the filming, the subject was stopped by protesters at the scene and some of them told him to “go back to the mainland”. When the protesters followed him to Chater House, the Defendant suddenly approached him and closed the glass door, blocking his way. The subject then called the police.

Perverting the course of public justice is an indictable common law offence in Hong Kong. The offence consists of (1) an act or conduct (2) which has a tendency and is intended to (3) pervert the course of public justice. (Halsbury’s Laws of. England 4 th. Ed. Reissue, Vol. 11(1), para. 315)

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