The young man involved in the backpack-hidden laser pen defended himself that he did not prove that the evidence presented to the court belonged to all his convictions

Social News

Written by: Chen Jiayi

2021-06-17 19:17

Last update date: 2021-06-17 19:17

On November 11 of the previous year, netizens launched the "three strikes" operation. There were conflicts in multiple districts. Two male students were involved in possession of laser pens and telescopic sticks in Mong Kok. One of the 17-year-old students denied possession of a laser pen at the time of the incident. For illegal purposes, he personally defended in English and the case was decided in West Kowloon Magistracy today (17th).

The magistrate believed that the prosecution failed to prove that the laser pen was the one seized from the defendant's backpack. There were many deficiencies in the continuity of the evidence, and the witness's confession was flawed, and the defendant was ruled not guilty.

The defendant Pang Yuqian (18 years old) was arrested at the junction of Mong Kok Road and Shanghai Street at about 7 a.m. on November 11, 2019. A laser pointer was found and was charged with possession of a tool suitable for illegal purposes and with intent to commit illegal acts. Purpose use.

Police officers seized 3 laser pointers on the same day

The prosecution confessed that a total of 19 people were arrested that day, and all exhibits were handed over to the same police officer. There were three laser pointers involved in the same case, one of which was related to the defendant.

After the police officers seized the laser pen, it was sent to the exhibit room for inspection and then kept in the exhibit room. In the past few months, the laser pen was taken for investigation several times, and it was handled by 10 police officers and an assistant clerical officer before the interrogation. The defense questioned the continuity of the laser pen's evidence.

The defendant Peng Yuqian (left) defended himself in English. He was found guilty and said that he was interested in studying law in the future.

(Photo by Chen Jiayi)

Failed to prove that the laser pen is owned by the defendant

The magistrate Hung Suk-han held that the prosecution failed to prove that the laser pen was the one seized from the defendant’s backpack. There were many deficiencies in expressing continuity to the court, including the police officer’s confession that he had written yellow for the sealed evidence. The label, and later corrected the printed information, was affixed to the label, and he never mentioned the relevant information and labels.

The prosecution did not clearly explain what the labels and words represented, nor did it explain the relationship between the numbers and labels issued to the three laser pointers.

Alleged that the defendant acted suspiciously that day

The officer pointed out that the female police officer in the exhibit room had mistaken the date of taking out the exhibits, and the evidence made the exhibit chain "covered with unexplainable flaws." The assistant clerical officer also vaguely and uncertainly confessed the date of handling the exhibits, but they all refused to look at it. For exhibits presented to the court, the court cannot fill up the lack of evidence.

She continued that the incident was at the peak of social violent demonstrations. The defendant had a laser pen to the blocked street early in the morning. He bowed his head and hurriedly left when he saw a police car. However, the prosecution failed to prove without reasonable doubt. The laser pen seized from the defendant and the one presented to the court were the same laser pen that was examined, and the defendant was found not guilty.

The defendant reads law books to prepare for defense

Peng Yuqian, who was not represented by a lawyer, conducted the trial on his own for 6 days. He thanked the court for its patience and understanding, as well as the assistance of the two barristers who originally represented him. He described the ruling after the court as a "happy result" and now feels relaxed.

He pointed out that because he had different opinions from the previous lawyer representatives, he defended himself. He read relevant legal books to prepare for the trial, such as "Criminal Litigation in Hong Kong."

He said that the middle school chose the repair course, because the case is currently suspended. He thinks this case encourages him. He who has always been interested in law also plans to study law in the future.

Guo Zhuoyan, a 20-year-old IVE male student in the same case, admitted earlier that he had a laser pointer and a telescopic stick in the same place on the same day and was sentenced to three months in prison.

Case No.: WKCC1002/2020

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