Activist in Hong Kong overturns riot charge following trial judge's flawed decision

In a significant development, the former Hong Kong political activist, whose name is Cheng, has won an appeal against a riot conviction. The District Court trial in 2022, which included the addition of a rioting charge against Cheng, has come to an end with Cheng being acquitted of the charges.

The alleged offense took place in November 2019, but prosecutors were unable to provide evidence as to when and where Cheng entered the underground sewage tunnel, which was claimed to be part of the rioting charge. Additionally, they were also unable to show that the accused had aided others in their escape from the scene of the riot.

The nature of the charges against Cheng in the 2022 trial was expanded to include rioting. This decision was met with controversy, as the rioting charge was added due to questions about how a "rioter" could be found guilty of obstructing justice simply by accepting help from supporters.

The error that led to the successful appeal was in allowing prosecutors to substantially alter their allegations midway through proceedings. Deputy judge Andy Cheng Lim-chi allowed the belated addition of the rioting charge, but this decision was later deemed to be an error.

The 2022 trial did not address the earlier perverting the course of justice allegations, which were levelled against Cheng along with seven others. The specific evidence presented by prosecutors for the rioting charge is not specified in this paragraph, and the outcome of the 2022 trial, specifically the verdict on the rioting charge, is also not specified.

Cheng was a former assistant to former opposition lawmaker Cheng Chung-tai and now runs a logistics company. The trial in 2022 is the latest legal proceeding for Cheng, marking another chapter in his ongoing legal battles.

Meanwhile, the trial against another prominent Hong Kong activist, Jimmy Lai, concerning charges of rioting and procedural tampering was conducted under Hong Kong's legal system in 2022. The specific judge or prosecutor leading the case is not named in the available sources; the trial involved serious allegations including collusion under the National Security Law and was closely monitored internationally. The outcome of Lai's trial is yet to be determined.