Former Hong Kong pro-democracy lawmaker Lam Cheuk-ting has been cleared of charges related to a scuffle in a Legislative Council (LegCo) meeting that took place more than six years ago.
Lam, who is currently serving an almost seven-year jail term for a national security case, appeared at the West Kowloon Magistrates’ Courts on Thursday morning to hear the verdict after his trial concluded last week. He had previously pleaded not guilty to charges of obstructing pro-Beijing legislators, including Ben Chan and Holden Chow, during a chaotic meeting in May 2019 that was linked to a controversial extradition bill.
Delivering the verdict, Judge Andy Cheng stated that there was insufficient evidence to support the prosecution’s argument that Lam had conspired with other opposition lawmakers to disrupt the meeting. The judge expressed doubts about the testimonies of Chan and Chow, who served as prosecution witnesses in the trial. Cheng noted that they were some distance away from the action and could neither hear nor see what was happening, according to court records.
See also: Pro-Beijing lawmaker denies lying while testifying in ex-opposition legislator’s trial over 2019 LegCo scuffle
After Cheng handed down the not-guilty verdict, Lam said in Cantonese, “Thank you, Your Honour,” as his supporters in the public gallery smiled at him.
Straightforward testimony
During the three-day trial, the prosecution called three witnesses – Chan, Chow, and Ma Shuk-wa, a retired LegCo secretariat member who witnessed the meeting. The court heard that during that morning meeting at LegCo, retired pro-establishment lawmaker Abraham Shek was to lead the appointment of a chairperson for a committee to discuss the extradition bill, which was opposed by opposition lawmakers.
Lam personally testified in the trial, and the defense also called Shek to the stand on September 30.
Shek defended Lam, disputing the prosecution’s claim that Lam attempted to snatch his microphone. He also stated he did not feel any “threat” from where Lam was standing, only from the side where other opposition lawmakers were.
Judge Cheng reiterated Shek’s point on Thursday, saying that while there was physical contact between Shek and Lam, the retired lawmaker perceived it to be friendly and did not feel any force from Lam. Shek’s testimony was “simple, clear and straightforward,” Cheng said, adding that the veteran lawmaker remembered the events well despite being 80 years old.
He added that videos of the meeting, which were played during the trial, did not show Lam engaging in any “radical” behavior.
Cheng also said that Chan and Chow’s testimonies were not directly related to the case. They mainly talked about the background of the case, such as explaining that the meeting was held because no committee chairperson had been elected when proceedings were led by pro-democracy lawmaker James To.
Other cases in the same matter
Lam is among the seven pro-democracy lawmakers charged in the case and is the last to have his case closed. Kwok Ka-ki and Gary Fan had their charges dropped. Au Nok-hin was handed a bind-over order, meaning he was not convicted but was required to abide by a good behaviour order.
Leung Yiu-chung, Eddie Chu, and Raymond Chan pleaded guilty. In March, Cheng sentenced Chu and Chan to 14 and 32 days in jail, respectively, after giving discounts for their guilty pleas. He ordered parts of the new sentences to be carried out concurrently, which effectively added seven days to Chu’s time in prison and 20 days to Chan’s.
Leung was sentenced in 2022 to two weeks in prison for “assaulting, obstructing or molesting” pro-Beijing lawmaker Elizabeth Quat.