Hong Kong gov't seeks to overturn ex-lawmaker’s acquittal over protest photo deletion

Hong Kong's Department of Justice is challenging the acquittal of former pro-democracy lawmaker Lam Cheuk-ting, who was previously cleared of perverting the course of justice. The appeal focuses on Lam's alleged actions during the 2019 protests and unrest, specifically his demand that an individual delete photos of demonstrators.

Government prosecutors presented their case to the Court of Appeal on Thursday, arguing that Lam intended to obstruct justice when he asked an individual, identified only as "X," to erase images from his phone. These photos reportedly captured the faces of protesters who might have been involved in criminal activities that day. The Department of Justice is also seeking to overturn the acquittals of Lam's co-defendants, former journalist Ronnie Tsang and social worker Aggie Chung.

In January 2023, the District Court found Lam not guilty, ruling he lacked the intent to pervert the course of justice. However, Assistant Director of Public Prosecutions Ivan Cheung argued this decision was "counterintuitive." Cheung presented a video recording of the incident, where Lam can be heard saying, "what matters now is to delete the photos with protesters’ faces." The prosecutor contended that despite Lam's claims of mediating the situation, his actions could still indicate a criminal intent.

Judges on the appeal court expressed skepticism. Judge Derek Pang noted the difficulty in concluding Lam possessed the required intent, while Judge Judianna Barnes pointed out that Lam's actions did not definitively prove his intent. Barrister Hector Pun, representing Lam, argued that the prosecution failed to establish any link between Lam's actions and specific legal proceedings, a key requirement for a perversion of justice charge.

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what matters now is to delete the photos with protesters’ faces.