October 1st: 2 arbitrarily arrested for illegal assembly in Wong Tai Sin DoJ withdrew charges
Clashes with police broke out on October 1st, 2019 in various places. Two 17-year-old students and nine others were arrested in Fung Tak Road and Ying Fung Lane in Wong Tai Sin, they were charged with illegal assembly. The case was brought before the West Kowloon Magistrates’ Court on March 2, 2020, the prosecution applied to withdraw charges against the two students, and both received legal cost reimbursements.
The 17-year-olds surnamed Lui and Leung were originally charged with participating in an illegal assembly with other unknown persons in Fung Tak Road and Ying Fung Lane of Wong Tai Sin of on October 1. They were subsequently granted bail by the court.
The prosecution applied to withdraw the charges of the two today, and the defense attorney applied for costs reimbursement for the two. The prosecution objected on the grounds of suspicious behaviour of the two during their arrests. The prosecution pointed out that Leung was found carrying a gas mask and dressed in black that day, while Lui was found carrying a face mask and spare clothing, they were fleeing the scene at the time which made them suspicious. The defense attorney retorted that there was no road block or arson in the place where they were arrested. It was three or four blocks away from the crime scene listed in the indictment. In addition, Lui was not dressed in black on that day, and the items she carried had no connection with the protest, the defense attorney did not think there was any suspicious behaviour.
After consideration of both parties’ statements, Magistrate Law Tak Chuen approved the two’s application for legal cost reimbursements.