Swearing man's conviction overturned

A 51-year-old man who swore at the police after he was hit by tear gas canisters in Mong Kok has been acquitted on a public disorder charge.

The man was sentenced to 200 hours of community service on June 12, but Court of First Instance judge Albert Wong Sung-hau overturned the conviction yesterday.

Paul Wong Wai-wai denied a charge of disorder in public places on Nathan Road and Argyle Street in Mong Kok last November 10. He was accused of raising his voice to such a level that a breach of the peace was likely to be caused.

Not represented by a lawyer yesterday, Wong accused his defense counsel in the original trial of being incompetent, which led to an unfair verdict.

His written submission to the court stated that he swore at a police officer at the scene after police intimidated him by shining bright lights and pointing a riot gun at him.

Wong said his defense counsel failed to follow his instruction to cross-examine police witnesses on the matter of his being intimidated by the police, adding that this became the reason why the magistrate, Chan Wai-mun, did not accept the arguments from the defense.

Judge Wong said there were areas of magistrate Chan's ruling that were unsettling so he allowed the appeal. The prosecution said it will not apply for a retrial due to exceptional circumstances in the case.

In the original verdict, Chan said Wong did not engage in any violent action. She said Wong could have wanted to shout after he was hit by tear gas, leading him to insult the police.

However, she found Wong guilty of disorder in public places because the altercation happened at the scene of an anti-extradition bill protest where roads were blocked and tear gas had been fired.

His clamor could have drawn jeers from others at the scene, and the situation could get out of control if it wasn't for the police controlling the scene, the magistrate said.

A penalty with a deterrent effect was handed down to Wong out of consideration for public interest, she said.

Speaking outside court, Wong said he did not think that justice had been served in his case as he had to take it to the high court to win his battle against a police officer.

He said the Legal Aid Department did not grant legal aid to him because the department thought there were insufficient grounds for his appeal.