Wrongly Convicted Database Record

 

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Man Ho-chuen

 

Charge:

Assault (Misdemeanor)

Sentence:

7 days

Years Imprisoned:

0.02

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Hong Kong

County or Region of Crime:

City of Crime:

Hong Kong

Result:

Judicially Exonerated

Summary of Case:

"Man Ho-chuen was wrongly convicted in 2015 of misdemeanor assault in Hong Kong. Ho-chuen, known as “the Victoria Park uncle”, was prosecuted based on the allegation that he pulled at a yellow ribbon a 19-year-old was wearing and stabbing the young man's neck with his fingers outside the Bank of China Tower in Admiralty, in October 2014 during the pro-democracy Occupy protests. After his conviction following a bench trial Ho-chuen was sentenced to seven days in jail. After his conviction Ho-chuen sought out and received assistance from the University of Hong Kong University’s free legal assistance clinic,a nd during his appeal he was represented by Law Professor Eric Cheung Tat-ming. On February 29, 2016 Hong Kong's High Court vacated Ho-chuen's conviction on the basis a photograph taken during the protest that the prosecution relied on shouldn't have been admitted as evidence because it wasn't authenticated and could have been forged, that Ho-chuen was not represented during his trial by a lawyer, and that no one other than the alleged victim testified that the incident occurred. After Ho-chuen's conviction was overturned, the prosecution did not apply for a re-trial, so the charges were dismissed."

Conviction Caused By:

Innocence Proved By:

"On February 29, 2016 Hong Kong's High Court vacated Ho-chuen's conviction on the basis a photograph taken during the protest that the prosecution relied on shouldn't have been admitted as evidence because it wasn't authenticated and could have been forged, that Ho-chuen was not represented during his trial by a lawyer, and that no one other than the alleged victim testified that the incident occurred. After Ho-chuen's conviction was overturned, the prosecution did not apply for a re-trial, so the charges were dismissed."

Defendant Aided By:

Hong Kong University Law Professor Eric Cheung Tat-ming

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Chinese

Information Source 1:

"Man has ‘yellow ribbon’ attack conviction overturned – with free help from HKU’s Eric Cheung, By Karen Cheung, Hong Kong Free Press, March 2, 2016"

Information Location 1:

https://www.hongkongfp.com/2016/03/02/man-has-yellow-ribbon-attack-conviction-overturned-with-free-help-from-hkus-eric-cheung/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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