Hong Kong Social Worker Convicted of Rioting After Retrial
HONG KONG – A Hong Kong court convicted a social worker of rioting Tuesday, overturning a previous acquittal in a case stemming from the 2019 anti-government protests. Jackie Chen Hung-sau, 48, was found guilty in District Court after the government appealed her initial acquittal in 2020.
Chen, a prominent social worker known for mediating between protesters and police during the height of the unrest, was accused of participating in a riot on Aug. 31, 2019, in Wan Chai. Protesters had blocked roads and clashed with police. She pleaded not guilty to the charge. Deputy District Judge May Chung remanded Chen in custody.
The Retrial and Verdict
The case hinged on Chen's actions during the protest, where she used a megaphone to urge police to exercise restraint. Prosecutors argued that her words encouraged protesters to continue confronting the police.
Judge Chung stated that Chen's remarks would "indeed encourage the protesters to continue to confront the police" and "encourage them to continue to engage in acts that disrupt or threaten to breach the peace." She concluded that Chen intended to participate in the riot by gathering with other rioters and encouraging them to commit acts that disturbed social peace.
Chen did not testify during the retrial.
Initial Acquittal and Government Appeal
In September 2020, District Court Judge Sham Siu-man initially acquitted Chen, finding that the prosecution had failed to prove a prima facie case against her. However, the Department of Justice appealed the acquittal, leading to the retrial.
The Court of Appeal later ordered a retrial of four defendants, stating that the initial trial judge adopted an unrealistic and speculative approach in handling their cases and wrongly applied the law, reaching a "perverse" conclusion. Nine others acquitted by the same trial judge were spared a retrial because they had left Hong Kong before the appeal notice could be delivered.
Chen's Role as a Social Worker
Chen was a member of the Battlefield Social Worker group during the 2019 protests. She was frequently seen with a loudhailer, liaising between protesters and police officers, monitoring police action, and offering emotional support to people.
Ahead of the verdict, Chen said she had prepared for the worst and hoped everyone could "remain kind, conscientious and safeguard justice." She continued to work as a social worker and supported others being prosecuted while awaiting the verdict.
Five character witnesses vouched for her social work and disaster relief efforts, including after the South Asian tsunami in 2004 and the 2008 Sichuan earthquake.
Implications and Sentencing
Chen's conviction comes amid concerns about the shrinking space for dissent in Hong Kong following the implementation of the national security law in 2020. The law has been used to crack down on pro-democracy activists and silence critical voices.
Chen is expected to be sentenced on April 9, with a mitigation hearing scheduled for April 3. The maximum sentence for rioting in Hong Kong is 10 years, but sentences in the District Court are capped at seven years.
In addition to potential imprisonment, Chen could also lose her license to practice social work. In 2024, Hong Kong passed a bill allowing the Social Workers Registration Board to disqualify social workers convicted of national security offenses or other crimes that could bring the profession "into disrepute."
Reactions and Future
After the judge announced the decision, Chen shouted to her supporters in the public gallery that she would be OK.
The conviction of a social worker who attempted to mediate during the 2019 protests highlights the Hong Kong authorities' tough stance toward political cases and raises concerns about the future of civil society in the city.
