Several hundred pro-democracy protesters have been arrested in the past year for possessing what police consider “offensive weapons” – including ordinary objects such as zip ties and laser pointers.

However, an Apple Daily investigation has found that prosecutors have dropped nearly 80% of such charges under the Summary Offences Ordinance (SOO). The SOO criminalizes the possession of offensive weapons, or any instrument fit for unlawful purposes, with intent to use it for an unlawful purpose.

Hong Kong police say 326 people have been charged for possession of offensive weapons between June 9, 2019 and Aug. 31 this year.

The law came under scrutiny this month after police arrested a bus driver, claiming that a wrench in his backpack constituted an offensive weapon.

Now Apple Daily has found that 34 out of 44 such prosecutions under the SOO – or 77.3% – have been dropped. Of the 31 prosecutions related specifically to zip ties, 14 have been discontinued.

“If prosecutors paid more careful attention at the beginning, some of these cases didn’t need to be litigated all the way through,” said barrister Esmond Wong, a member of the Progressive Lawyers Group.

Offenders convicted under the SOO can be fined up to HK$5,000 (US$650) or jailed for up to two years. Last year, a protester was charged under the SOO for carrying five zip ties.

There was a 54% conviction rate in 2017, and 50% in 2018, in Magistrates' Court cases under the SOO’s offence of possessing offensive weapons or other instruments with intent.

Hong Kong law also penalizes the possession of an offensive weapon in a public place under the Public Order Ordinance, with offenders facing a maximum jail term of three years. Further, the Crimes Ordinance calls for imprisonment of up to 10 years for those convicted of possessing an object with intent to destroy or damage property.

Apple Daily found 59 protest-related prosecutions involving laser pointers, in which three-quarters of the defendants faced charges related to offensive weapons.

Under all three ordinances considered together, prosecutors have secured convictions in only 62.8% of the recently concluded prosecutions involving offensive weapons during the 2019 protests.

In response to an Apple Daily inquiry, the Security Bureau said that, at the Magistrates' Court, the conviction rate for “possessing an offensive weapon in a public place” was 82% in 2017 and 78% in 2018.

According to barrister Wong, prosecutors must establish an “irresistible inference” of guilt to secure a conviction, noting that the threshold for evidence is relatively high.

The criminalization of ordinary objects in Hong Kong has disrupted some industries and professions, said Libby Cheung, the chairperson of the Hong Kong Theatre Arts Practitioners Union.

When stage managers and technicians are stopped by police, it is sometimes difficult to persuade them that their tools are required for legitimate work purposes, Cheung said.

She has cautioned her colleagues and union members to avoid the streets late at night and not to wear black clothing. The union has issued membership cards to help workers identify themselves, although this only offers limited protection, she added.

“Are police officers willing to believe that you are a theater arts practitioner? Can they make that determination? We don’t know, we can only hope,” Cheung said.

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