Photographer cleared of indecent assault after conviction overturned on appeal

A well-known local photographer walked free on Monday after a judge overturned his eight-week jail sentence for indecently assaulting a part-time model during a private shoot, ruling that the incident was more likely an awkward accident than intentional molestation.

Gary Leung, 53, had been convicted in Eastern Magistrates’ Court of assaulting the 27-year-old woman identified only as “X” at his Chai Wan studio between December 16 and 17, 2022.

The charges stemmed from claims that Leung asked her to remove her invisible bra, touched her back, and deliberately yanked down her long dress to expose her breasts.

In a rare move, Deputy Judge Edmond Lee Chun-man reheard the entire case on appeal and found the model’s account contained inherent improbabilities.

The judge noted that the woman, an experienced model of ten years, continued posing for numerous revealing shots—including fully bare-back and side-breast images, some while smiling—immediately after the alleged assault and never attempted to leave.

She also failed to mention the incident in WhatsApp messages sent right after the session.

Leung insisted he had only tucked the dress straps inward after discussion and accidentally brushed her back while adjusting the fabric, unaware she was not wearing any undergarments.

The judge accepted that incidental contact is more plausible in the confined, creative setting of a studio photoshoot than in public, and that a professional model would take care to secure the front of her dress if exposure was her hard limit.

The appeal judge also criticized the original magistrate for unfairly dismissing Leung’s evidence about post-production limitations, pointing out that being a skilled photographer does not automatically make someone an expert retoucher.

Finding the conviction unsafe, the court quashed both the guilty verdict and the prison sentence. Leung left court without a criminal record.