Hong Kong court acquits gov’t statistician who followed, photographed girl during school open day

A Hong Kong magistrate has acquitted a government statistician accused of loitering after following and photographing a schoolgirl during an open day event in 2023. The case raised concerns about privacy and stalking behavior, highlighting gaps in Hong Kong’s legal protections against such conduct.

Patrick Lam, a statistician with the Census and Statistics Department, was cleared of a charge of "loitering causing concern" by Magistrate Kestrel Lam at the Eastern Magistrates’ Courts. The prosecution alleged that Lam’s actions during a school open day at a Causeway Bay secondary school on July 5, 2023, caused a Secondary 4 student identified only as "X" to feel unsafe. However, the magistrate ruled that the girl’s fear was not directly linked to Lam’s behavior on that day but rather stemmed from prior stalking incidents dating back to October 2022.

According to court testimony, Lam had been following X for nearly two years before the open day. This included waiting for her at Olympic MTR station and initiating conversations, such as asking whether she had an exam on a particular day. X testified via video link that she had repeatedly seen Lam, including at Central MTR station, where he appeared to be waiting for her. After his arrest, Lam admitted to police that he had followed the girl, stating that she reminded him of an old friend, which motivated him to get to know her.

Magistrate Kestrel Lam emphasized that the loitering charge requires "objectively threatening behavior" and that past conduct could not be considered in the current case. The court ruled that a "normal student" without X’s prior experiences would not have felt threatened by Lam’s behavior during the open day. Despite the acquittal, the magistrate described Lam’s actions, including secretly photographing the girl during the event, as "undeniably highly suspicious."

The case has renewed discussions about the need for stronger anti-stalking laws in Hong Kong. The Law Reform Commission (LRC) recommended such legislation in a 2000 report, and the government launched a public consultation in 2011. However, legislative efforts were abandoned in 2014 due to a lack of consensus. The magistrate noted that X may explore other legal avenues to address her concerns.

Hong Kong Free Press reported on the case, with journalist Hans Tse covering the proceedings. Tse, who has a background in local politics and academia, previously worked for Initium Media, covering the 2019 protests and the imposition of the national security law in 2020.

The ruling underscores ongoing debates about privacy protections and stalking laws in Hong Kong, leaving questions about whether current legal frameworks are sufficient to address persistent stalking behaviors.

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