Police can press fresh charges against a former rehabilitation center director if any new evidence surfaces, the Hong Kong Economic Journal reports.
Cheung Kin-wah has been accused of unlawful sex with a mentally handicapped female resident of the nursing home operated by private firm Bridge of Rehabilitation Co.
Earlier, the Department of Justice (DOJ) dropped all charges against Cheung on the grounds that his victim is unfit to testify.
Barrister Albert Luk said dropping charges can usually be categorized into two types.
The first means the case does not go to trial but it can be reopened if there is new evidence.
The second type is that the prosecution “offers no evidence”, meaning the court has processed the case and ruled that the defendant is not guilty.
That means the defendant cannot be prosecuted again on the same charge.
The DOJ’s exact wording was to “dismiss the charges”, which leaves open the possibility of prosecuting Cheung again, Luk said.
In an interview with RTHK and various newspapers, Cheung denied the allegations and loudly protested his innocence.
He said he has a forensic report that proves the woman is still a virgin, Apple Daily reports.
As for the tissue with his semen and the woman’s DNA found in the trash in his office, Cheung said he puts tissue in his underwear because he often has wet dreams.
Secretary for Labor and Welfare Matthew Cheung said yesterday he is seeking legal advice on possibly requiring rehabilitation officials to undergo sexual conviction record checks.
On Aug. 24, it was reported that a 14-year-old resident apparently jumped to his death from a Bridge of Rehabilitation facility.
Fong Kai-leung, assistant director for the Social Welfare Department, said it could consider legal action against the company.
Social workers speak out against DOJ dropping sex charges (Oct. 18, 2016)
Autistic boy falls to death from care facility in Kwai Chung (Aug. 24, 2016)
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