Wrongly Convicted Database Record

 

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Eric Tsang Wing-cheung

 

Charge:

Indecent Assault (Incl. aggravated)

Sentence:

6 months

Years Imprisoned:

0.25

Year Crime:

2010

Year Convicted:

2011

Year Cleared:

2011

U.S. State or Country of Crime:

Hong Kong

County or Region of Crime:

Hong Kong

City of Crime:

Hong Kong

Result:

Judicially Exonerated

Summary of Case:

"Eric Tsang Wing-cheung was a 46 year-old married teacher in Hong Kong who was wrongly convicted of one count of indecent assault and two counts of acting indecently with a minor for hugging and kissing a 15-year-old student. Wing-cheung was sentenced to six months imprisonment. He appealed, and on September 21, 2011 Hong Kong's High Court set aside his conviction on the basis that none of his behavior was criminal so he had been convicted of non-existent crimes. The girl did not express disagreement with his actions either verbally or through her body language, and the court ruled that kissing and hugging the girl was neither indecent nor hostile behavior. The appeals court stated, "Hugs and kisses themselves are not indecent.""

Conviction Caused By:

The trial judge had misinterpreted the laws relating to indecent assault and acting indecently with a minor.

Innocence Proved By:

"On September 21, 2011 Hong Kong's High Court set aside his conviction on the basis that none of his behavior was criminal so he had been convicted of non-existent crimes."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

46

Age When Released:

46

Sex:

Male

Skin/Ethnicity:

Asian

Information Source 1:

"Teacher walks free after judge quashes pupil indecency rap, By Samson Lee (staff), The Standard (Hong Kong), September 22, 2011"

Information Location 1:

http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=115439&sid=33810241&con_type=1

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

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