Six among the seven defendants arrested in Causeway Bay and Wan Chai during a protest on Aug. 31 last year were acquitted of rioting, while a 25-year-old, who claimed to be first-aider, was found guilty of rioting and possession of apparatus for radio communications without a license. The convicted, named Chan Cho-ho, was remanded in custody until his sentencing trial on Jan. 18 next year.

For the six defendants who were cleared of their charges, District Court Judge Frankie Yiu ruled that the prosecution cannot prove their involvement in the rioting beyond all reasonable doubts.

The prosecution, which could not supply CCTV footage that captured the defendants breaching the peace, relied on the location of their arrests, their outfits and their running away as evidence.

Yiu pointed out that two defendants did not have similar appearances to people who participated in the riot and there was quite a long time gap between their arrests and the alleged offences. He also noted that some of them have run towards the police.

While based on her flight path, outfit and gear, another defendant was likely to have participated in the riot, but it was hard to be sure that she did, said Yiu.

As Chan was found wearing a chest guard, arm bracers, black top, black trousers and black shoes, a walkie-talkie fell off from him and his accomplice also tried to attack police officers to help him flee, “it was hard to accept his explanation that he was just a first-aider,” said the judge.

The defendants took turns to hug Chan before he was taken away, with some weeping in tears.

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