Hong Kong Man Acquitted of Rape Charges in Sai Kung Case
A High Court jury unanimously cleared a 24-year-old man of rape allegations from 2023.
1Unanimous Jury Acquittal
A 24-year-old man, Fung Cheuk-kei, was acquitted of two counts of rape by a seven-member jury at the Hong Kong High Court. The trial lasted eight days, concluding on Monday morning. The jury, consisting of four women and three men, reached a unanimous not guilty verdict regarding the alleged incident.
2Allegations at Sai Kung
The prosecution alleged that the incident occurred on November 10, 2023, at the Wan Tsai South Campsite in Sai Kung. The complainant, identified as X, claimed that Fung entered their shared tent twice while she was sleeping. She testified that he assaulted her despite her verbal protests during the camping trip.
3Testimony and Initial Claims
X testified that the pair, who were former colleagues, had been drinking soju before the incident. She reported waking up to find herself bleeding and subsequently showed Fung bloodied tissues. She claimed that Fung apologized for his actions after she confronted him about the pain she was experiencing that night.
4Post-Incident Confrontation
Following the trip, X messaged Fung on Instagram, characterizing his behavior as rape. She later met Fung at a shopping mall alongside her brother to discuss the events. X testified that Fung admitted to the rape during this meeting, though the defense context regarding this admission was later scrutinized by the judge.
5Judicial Assessment of Credibility
Judge William Tam explicitly stated that X’s testimony was dishonest during his remarks on Monday. He noted that the complainant admitted her brother had physically struck Fung during their meeting at the shopping mall. The judge suggested that Fung’s apology might have been a reaction to causing pain rather than guilt.
6Context of Prior Relationship
The two individuals met as colleagues in 2019 and reconnected in 2023. X testified that Fung had previously expressed romantic interest in her, including an attempt to kiss her during a cycling trip in Cheung Chau. She maintained that she had rejected his advances, stating she only wanted to remain friends.
7Legal Standards in Hong Kong
Under current Hong Kong law, rape is a serious offense punishable by up to life imprisonment. Because the legal threshold for conviction requires proving the absence of consent beyond a reasonable doubt, the jury's unanimous decision reflects a failure to meet this standard based on the evidence presented during the trial.
8Outcome and Final Observations
Judge Tam concluded that Fung’s conduct throughout the ordeal did not warrant suspicion, contrasting this with the inconsistencies found in the complainant's testimony. With the acquittal finalized, the legal proceedings regarding the 2023 camping incident have concluded, leaving the initial allegations unproven in the eyes of the court and jury.
Original article: Hong Kong Free Press — Hong Kong Man Acquitted of Rape Charges in Sai Kung Case