Deputy Magistrate Linda Chan found the defendant not guilty of obstructing and resisting police officers with costs.

The defendant was charged with one count of obstructing a public officer (Charge 1) and one count of resisting a police officer (Charge 2) in the course of an 599G operation in a pub. The prosecution case was that the defendant deliberately stood in front of a karaoke room (Room V5) of the pub and waved his hands vigorously, preventing police officers from entering Room V5. Despite repeated warnings by the officers, the defendant still refused to cooperate. He was therefore arrested for Charge 1. When a police officer attempted to hand-cuff him, the defendant resisted vigorously. He was therefore also arrested for Charge 2.

Acquitting the defendant, the Magistrate considered that the prosecution’s case contained inherent material conflicts (控方案情有重大不能磨合的分歧) and was inherently improbable (內在不可能). Whilst the complainant said that the defendant obstructed Room V5 for a lengthy period of time, one of the police witnesses said he was able to enter Room V5 without difficulty if he had so wished. Further, two other police witnesses testified that they did not see any of the complained acts as alleged by the complainant. Given that the scene in question was a narrow corridor, the Magistrate considered that it would simply be impossible for those police witnesses not to have noticed the defendant’s prolonged obstruction had it really happened. As such, the Magistrate found that she had difficulty giving weight to the complainant’s evidence and acquitted the defendant of both charges. Costs was granted in favour of the defendant.

Simon So (with Jack Hui) represented the defendant in the said 2-day trial, cross-examining 6 police officers.