A web journalist was convicted of resisting police on duty in Mong Kok last year, a Hong Kong court said on Wednesday in a ruling that also found an officer’s use of pepper spray to subdue her was inappropriate.

Ho Ka-yan, 27, was working for online media outlet Ben Yu Entertainment when she was arrested in a park toilet along Sai Yee Street in the Kowloon area on May 11 last year by one female and three male officers, who used undue force in apprehending her.

Ho was found guilty after trial of resisting the female police officer in the execution of her duties, as she did not stop filming the arrest of other people in the toilet despite the officer’s demand and brushed her away, Principal Magistrate Ada Yim said in passing verdict at Kowloon City Magistrates’ Courts.

At the same time, Yim said that Ho’s actions could not be considered as strong or stubborn resistance, hence the amount of force exercised by the male officer who pepper-sprayed her was unreasonable. The magistrate acquitted Ho of resisting the three male police officers in the execution of their duties.

Yim originally handed Ho a four-week jail term suspended for two years, but retracted her sentencing hours later, saying that probation was not suitable punishment for the offense. The magistrate admitted her mistake and apologized to the prosecution and defense parties.

Given the defendant’s mental state was problematic, the magistrate decided to seek background and community order reports on her. She adjourned sentencing to July 17 and released Ho on bail in the meantime.

Earlier, the court heard that Ho witnessed an arrest of female protesters inside the Sai Yee Street toilet on the night of May 11, 2020. The female officer intercepted Ho and was later joined by her three male colleagues at the scene.

During the arrest, the police officers grabbed Ho’s camera, aimed pepper spray at her and knelt down on her neck until she lost consciousness. She was later sent to hospital.

Yim noted that Ho’s hair was bundled up at the time. She was wearing a mask and reflective clothing but was not displaying a reporter’s pass and did not answer the female officer’s questions. The magistrate accepted the officer’s argument that she had mistaken Ho for a man and thought Ho was filming women using the toilet.

The magistrate also pointed out that Ho needed only to present her journalist’s permit to resolve the matter, but instead she yelled out, “a rogue cop is making arrests in the toilet,” causing a stir among people nearby so she could escape.

Outside court on Wednesday, Ho told the media that she felt scared every time she passed by the venue in Mong Kok. Memories of the arrest often recurred, she said, adding that she needed some time to consider whether to lodge a complaint against the police’s excessive use of force.

Ho said she believed a journalist’s duty was to reveal the truth and the facts, and that she felt ridiculous about being arrested while covering the news.

Click here for Chinese version

---------------------------------

Apple Daily’s all-new English Edition is now available on the mobile app: bit.ly/2yMMfQE

To download the latest version,

iOS: bit.ly/AD_iOS

Android: bit.ly/AD_android

Or search Appledaily in App Store or Google Play