The Polytechnic University was surrounded by the police for several days in November 2019, during which violent clashes broke out and many people were arrested.
Among them, the male waiter was arrested for possessing a six-pointed spoon, a knife, and two membership cards of the Archery Association belonging to others near PolyU.
He earlier denied possession of tools suitable for illegal purposes and was tried for three crimes, including theft, and today (21st) ruled in the Kowloon City Court. Magistrate Liang Yaxin believed that the defendant was a big deal at the time and possessed the items involved, so he must have illegal intentions , found him guilty of all charges.
The defendant did not plead, but criticized the magistrate for only accepting other people's testimony and not knowing how his legal education was obtained.
The magistrate adjourned the case until February 4 for sentencing, and the defendant was remanded in custody.
Defendant Lau Si Wai, 27, was charged with one count of possession of a tool fit for an unlawful purpose and two counts of theft, alleging that he possessed a set of hexagonal keys on November 18, 2019, near Exit A1 on the flyover of Hung Hom Railway Station , 4 pairs of scissors and 1 𠝹 knife with intent to use them for illegal purposes; and from November 12 to 18, 2019, stole 2 membership cards of the Hong Kong Archery Association from the Polytechnic University.
Arguing that someone took a hammer and turned back
In his ruling, Guan Liang pointed out that the defendant, who was not represented by a lawyer, said in his self-defense that he entered PolyU on November 14. He originally supported "harmony and feudalism." Later, when he saw some demonstrators cutting trees and making arrows, he was afraid and planned to do so. After leaving, he saw someone entering PolyU with a hammer, so he followed the other party and turned back, but Liang Guan said that he did not know the connection between the two.
Arguments often contradict each other
In addition, the defendant claimed that he possessed the items involved in the case in order to show that he was on the same side as the protesters, but also went to the press room to get reflective clothing to show his neutrality. The two statements contradicted each other. As for the possession of the six-pointed key, the defendant initially The time finger is used when riding a bicycle, and then it is said that it will not be used. Finally, the finger is changed without knowing that the item is a hexagonal key. The statement is constantly changing, which is not credible.
Want to disguise student ID with two membership cards
As for the two membership cards of the Shooting Arrow Association involved in the theft, the defendant claimed that a protester set up a customs-like checkpoint at PolyU that day, and he wanted to use the two membership cards to disguise himself as a student.
However, he later changed his tune and said that after finding it, he planned to leave PolyU and hand it over to the police.
You can leave but stay at the scene
Based on the above, the magistrate pointed out that the key points of the defendant's testimony were contradictory, and the statement was inconsistent with common sense, and it was often changed in order to justify his statement.
He also believes that the defendant was at PolyU that day, and he could leave many times, but he still stayed at the scene. The purpose of his possession of the items involved must be for illegal purposes.
Moreover, he possessed the membership card involved in the case and wanted to pretend to be a student with dishonest intentions, and was convicted of all charges.
Case No.: KCCC 818/ 2020
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