Hong Kong Court Reverses Acquittal, Finds Former Law Student Guilty in 2019 Riot Trial

A Hong Kong court has reversed a former law student’s acquittal in a riot trial arising from the 2019 anti-government protests, finding her guilty based on “overwhelming” circumstantial evidence that she had encouraged other participants through her presence. The District Court on Tuesday convicted Alice Tong Ka-yan nearly seven years after her arrest during the unrest in Wan Chai on the night of August 31, 2019. Tong, who will turn 27 this month, was initially cleared of rioting in August 2021 on the grounds that prosecutors failed to prove she had either committed a violent act or abetted violence during a 30-minute stand-off between protesters and police. In July 2024, the Court of Appeal ordered the trial judge to consider the rioting charge afresh, after the Department of Justice convinced the three presiding judges that the defendant’s acquittal was “perverse”. The appellate court, while upholding Tong’s acquittal of possessing a laser pointer as an offensive weapon, said the cumulative effect of the timing and location of the defendant’s arrest, her black outfit and attempt to flee provided a strong basis for eliminating possibilities that she could have been at the scene for innocent reasons. District Judge Edmond Lee Chun-man concurred with the Court of Appeal’s findings, stating Tong appeared “very suspicious” as she wore an all-black outfit and carried protest paraphernalia including a gas mask, goggles, an umbrella and a hiking stick at the time of her arrest. Lee noted that Tong had decided not to testify or call any witnesses during the trial, meaning she was unlikely to be able to produce any evidence to undermine the prosecution’s case.

The reversal of the acquittal has sparked concerns among rights groups, who argue it sets a dangerous precedent for prosecuting individuals based on presence rather than actions.