Prosecution and defence argue over ex-lawmaker’s role in 2019 Yuen Long attack as rioting trial hears closing submissions 19 Sep 2024, 1:21 pm

A Hong Kong court has heard contradictory arguments over the role of a detained ex-lawmaker in the Yuen Long mob attack in 2019, with the prosecution claiming he should be blamed for instigating violence.

Seven people including Democratic Party former lawmaker Lam Cheuk-ting stand accused of rioting during the attack on July 21, 2019. On that day, over 100 rod-wielding men dressed in white stormed the Yuen Long MTR station and indiscriminately attacked passers-by, leaving dozens injured – including Lam.

The District Court on Thursday heard closing arguments from both parties following a trial that began last October. The proceedings had been adjourned since May.

Prosecutor Jasmine Ching told the court Lam was not a credible witness and that he should be blamed for the escalation of violence between the white-clad group and other people gathered in the station that night.

“One of the factors giving rise to the event should be attributed to [Lam]’s instigation and participation,” Ching said in Cantonese.

‘Lost’ intention

During the trial, Lam testified that he went to Yuen Long that night as a lawmaker and a district councillor, hoping to protect residents after receiving reports of a mob attack in the area.

Ching said Lam was elected to represent the New Territories East constituency, and Yuen Long was not among the areas he was responsible for, adding that the former lawmaker had no record of being concerned about affairs in Yuen Long. The New Territories East constituency covers Sha Tin, Tai Po, North District and Sai Kung.

She claimed that Lam had “abused his power for personal gains,” such as by live-streaming on his Facebook page when he arrived at the scene, in order to “attract traffic.”

Lam also made three public Facebook posts ahead of the attack that “on the surface warned residents to seek safety, but in reality urged others to gather in Yuen Long to stir troubles, either discreetly or manifestly,” she added.

The prosecutor also accused Lam of “smearing” the white-clad people as a “gang,” further fanning the flames.

Ching said the white-clad group intended to “protect Yuen Long and their homeland,” a claim that the Court of Appeal had rejected in an appeal over a separate rioting case relating to the same attack, but that their intention was “lost” due to Lam’s provocation.

“If only [Lam] and other people in the station had dispersed, the event could have calmed down,” she said. “[Lam] must have turned a blind eye to the demands of those in white so that he could achieve his purpose.”

‘For safety’

Defence lawyer Catherine Wong, representing Lam, argued it was the attack by those in white that had led her client and others in the station to defend themselves.

Playing video footage taken inside the station on that night, Wong said the white-clad group had briefly left the station after earlier attacking a woman, and that some had wielded rods at people from behind the turnstile. Lam, who had just arrived at the scene, was among them, she added.

“For [Lam] and others who had just arrived at the station… all they knew was that a group with rods in their hands was charging towards them,” Wong said in Cantonese. “For them it was a sudden escalation [of violence].”

The lawyer urged the court to consider “the whole event” when reaching a verdict, adding that the defendants had attempted to minimise the harm that could have been inflicted given the hostility of the white-clad group.

“[Lam] was not violent and the words he said were only uttered for the safety of those in the station,” Wong said.

Lam, who was earlier convicted of “conspiracy to commit subversion” under the Beijing-imposed national security law, waved to members of the Democratic Party sitting at the public gallery as Judge Stanley Chan adjourned the hearing.

The trial continues on Friday as defence counsels for the remaining six defendants are set to deliver their closing arguments.

Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.” 

The Yuen Long mob attack marked a turning point during the protests in 2019, with police accused of delaying their response as white-shirted men assaulted commuters.

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