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A former transport worker who purportedly acted as a volunteer paramedic during violent clashes on a notorious date of the 2019 Hong Kong protests has lost an appeal against his conviction, with an appellate court ruling out providing first aid to injured protesters as a viable defence.
The Court of Appeal held on Wednesday that the status of being a first-aider did not automatically grant a riot suspect immunity from prosecution, as the act of providing emergency treatment could in certain contexts, such as at the scene of violence, constitute aiding and abetting the disruption of the peace.
Chan Cho-ho, 27, was jailed for four years last year for rioting in Causeway Bay on the night of August 31, 2019, when an unauthorised rally from Wan Chai to Central descended into chaos that spread across Hong Kong Island. He was also fined HK$5,000 for keeping a handheld radio without the required licence.
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The District Court trial heard that around 300 vociferous protesters – most of whom were wearing black clothing and protective armour – set fire to roadblocks, hurled petrol bombs and shone flashlights at officers during an hour-long stand-off.
Chan, who wore an all-black outfit equipped with a chest guard, arm bracers, knee pads, gloves, respirator, helmet, mask and a pair of goggles, was apprehended at Paterson Street soon after 9pm while police were dispersing protesters.
In convicting the defendant, District Judge Frankie Yiu Fun-che dismissed his claim that he had intended to offer first aid to those injured, noting he had only had six rolls of bandages in his rucksack at the time of his arrest.
Chan’s counsel argued the lower court erroneously dismissed the ex-transport worker’s exculpatory statement, which was made promptly to his arresting officer at the scene and supported by his possession of first aid-related items.
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But Mr Justice Derek Pang Wai-cheong, one of three judges overseeing the appeal, said the appellant’s claim that he was a first-aider was not proof that what he said was true.
Instead, the judge said the trial court had “strong and powerful” grounds to believe Chan was one of the radical protesters, given the various items he had with him and the time and location of his arrest.
“Being a so-called first-aider in a riot itself is not an effective defence,” Pang wrote in his judgment.
“Even if someone categorised himself as a first-aider, he would still be taking part in a riot as long as his intention and conduct met the criteria of an offence.”
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The appeal court, also presided over by madam justices Maggie Poon Man-kay and Anthea Pang Po-kam, ruled that Chan’s participation in the riot was “the only reasonable inference” from the evidence.
Chan is expected to be eligible for early release next summer, subject to the discretion of the prison service.
The former transport worker is the first and only defendant so far to be convicted of rioting over the disturbance on Hong Kong Island, with 17 others cleared of the offence for various reasons.
Most recently, first aid volunteer Yeung Kwong-chi, 27, was acquitted last August by another District Court judge, who ruled that providing emergency treatment to injured protesters constituted a reasonable excuse rather than a basis of conviction.
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