Wrongly Convicted Database Record
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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: |
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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 Universitys 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: |
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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: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Chinese |
Information Source 1: |
"Man has yellow ribbon attack conviction overturned with free help from HKUs 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