Deputy Magistrate Li Cheuk-wai acquitted defendant charged with claiming to be a member of a triad society. The prosecution was also ordered to pay costs to the defence.

The case originated from police undercover operation “Arrowhit” in August 2021. The prosecution case was that, after a night of drinking, someone who was allegedly the defendant (the “Person”) told the undercover police officer (the “UC Officer”) working at the bar as a waiter that he was a member of the Tsuen Wan branch of “Wo Shing Wo”, a triad society, and invited the UC Officer to follow him instead of his current triad protector. This was allegedly the second encounter between the UC Officer and the Person. About 9 months after the event, the operation turned overt and the defendant was positively identified during an ID parade as the Person.

Under cross-examination, the UC Officer accepted that the only descriptions he had noted down on his occurrence book and/or his witness statements were the Person’s estimated age, ethnicity, and gender, and there were plenty of people in Hong Kong fitting those descriptions. He also accepted that the environment at the time was dark and noisy and he had consumed alcohol. Based on the above, the Magistrate found that she could not safely rely on the UC Officer’s identification and found the defendant not guilty. The Court also allowed the defence’s costs application.

Simon So (with Jack Hui) represented the defendant in the 2-day trial.