Summary: On 22 March, in relation to the 2016 Lunar New Year Mongkok Police-civilian Clash case tried in the High Court, 35-year-old Andy YUNG Wai-yip, aka Captain America, was found guilty of 2 rioting charges and 1 assaulting-police charge despite his certified autism. Out of 7 charges, Yung was found guilty of 1 rioting charge by the jury by a 8 to 1 vote, another rioting charge by an unanimous vote, and 1 assaulting-police charge by a 8 to 1 vote. In contrary to HK, in criminal cases, most US courts require unanimous vote by the jury to find the defendant guilty. Currently, courts in only two states of America allow for conviction of a defendant via non-unanimous voting, and those are generally reserved for minor charges. And 11 international parliamentarians have just signed a statement to condemn the HK Government for abusing, in cases like the Mongkok Clash, the outdated Public Order Ordinance, to which the vaguely defined rioting charge pertains, in order to silence dissidents.
Psychiatrist’s Court Testimony
A public hospital psychiatrist, who had seen Yung before, has testified in court that Yung has been affected by autism since 3 years old, that though it is uncertain how much his brain function is thereby compromised, he might not be able to react in time and appropriately to instructions, especially in suddenly changing circumstances.
Videos in Court cannot Show Face Clearly
Most of the videos taken at the scene and produced in court as evidence against Yung cannot show the subject’s face clearly. Only one police officer testified in court that he saw Yung’s face for just 2 seconds at the scene and he was adamant that it was Yung on the ground that he had seen him many times in other protests before. And the videos produced cannot show clearly what the subject was throwing, simply something sponge-like.
Yung’s Modest Trio-dream
When he was seventeen, Andy Yung won medals in Olympics swimming contests for the handicapped in Sidney on behalf of Hong Kong. His dream has been to find a stable job, get married, and purchase a flat. As revealed by him to our reporter, he has been applying for a public housing unit for almost 15 years in vain because those new migrants or colonizers who have been flocking into Hong Kong from China at a rate of 150 per day regularly jump the queue. Encountered with gross social justice like this, Yung has taken to joining in demonstrations. But before his trio-dream can be realized, he is now facing a prison sentence of years.
Captain America as the Usual Suspect
Yung is nicknamed Captain America for he often dressed himself in Captain America’s costumes and accessories when he took part in the 2014 Umbrella Revolution. Although he has always behaved in a peaceful manner, the police always pick on him whenever he appears in a protest. This reminds people of the quote in Casablanca, “Round up the usual suspects!”
Yung’s co-defendants Edward Leung (HK Indigenous spokesman), Vincent Lam and Lee Nok-man, were acquitted of all rioting charges, but Leung had to go straight back to his prison cell for he was serving his six-year prison sentence for another rioting charge concerning the same incident in a previous trial. He and the other two were re-tried for charges for which the jury in the previous trial failed to reach a verdict. 11 international parliamentarians have just signed a statement calling for reform of the Public Order Ordinance following Edward Leung re-trial verdict. They think that in cases like Edward Leung’s, the Hong Kong Government has systematically abused the outdated, colonial Public Order Ordinance to intimidate and silence dissidents.