Social worker Jackie Chen was cleared of rioting charges on Tuesday after the district court ruled that there is a lack of prima facie evidence. The 42-year-old was among the eight arrested during clashes between police and protesters in Wan Chai on Aug. 31 last year.

Judge Sham Siu-man said there is insufficient evidence to show that Chen has participated in an unlawful assembly, not to mention rioting. He withdrew the charges and Chen was released immediately.

Speaking outside the court, Chen, a council member of the Social Workers' General Union said her acquittal is significant, as it proves that police cannot blindly arrest people at protest scenes and accuse them of rioting.

“Many are here to provide humanitarian assistance and play different roles, such as reporters and human rights monitors,” she added.

The court said the seven other defendants have a case to answer and will continue to stand trial. They all denied the charges of rioting.

Chen admitted she was surprised by the court’s decision as it is difficult to dismiss prosecution by the Department of Justice. She urged Hong Kong people to remain steadfast against challenges. “Find your own role and don’t give up so readily. Even if we don’t see improvement in the near future, there are still things we can do,” she said.

The prosecutor objected to Chen’s application for legal aid, accusing her of drawing suspicion to herself.

Chen was alleged of taking part in a riot by urging police officers to calm down with a microphone. According to the judge, her outfit, equipment and location at the time of arrest did not provide enough evidence to prove that she intended to commit a breach of the peace.

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