Hong Kong’s High Court has successfully overturned the indecent assault conviction against prominent 40-year-old photographer Gary Leung, quashing both the guilty verdict and the eight-week prison sentence stemming from a December 2022 photography session. Deputy High Court Judge Lee Chun-man delivered the judgment on November 17, finding the prosecution’s case unsafe after reviewing the physical evidence and the complainant’s conduct following the alleged incident, which took place at a Chai Wan studio.
Appeals Court Questions Physical Evidence And Testimony
Leung had initially been convicted and sentenced to eight weeks of incarceration after a trial where a part-time female model alleged he had forcibly yanked down her long dress, exposing her chest during the shoot. Leung was granted bail pending the appeal to the High Court.
In his detailed ruling, Judge Lee expressed significant reservations regarding the feasibility of the assault as described by the complainant, identified only as X. The court highlighted verifiable physical evidence related to the garment itself: the right shoulder strap of the dress reportedly remained fastened and intact immediately afterward, with no signs of tearing or strain. Based on these observations, the judge concluded it was mechanically impossible for the dress to have been pulled down forcibly enough to expose the model’s chest in the manner alleged.
Suspect Post-Incident Conduct Raises Judicial Doubt
The court also voiced concerns about the reliability of the complainant’s testimony when juxtaposed with her actions immediately following the alleged assault. According to court records, despite claiming her dress had been pulled down without consent, the model continued the photography session. She posed for numerous subsequent images, including those described as sensual shots that fully revealed her back and partially exposed her chest, changed into different outfits, and appeared smiling on camera.
The judge pointed out that the complainant made no discernible effort to leave the studio or terminate the session, despite having no apparent constraint preventing her departure. The original allegation centered on Leung adjusting the dress from behind and then forcefully pulling it down. Leung maintained that while he did adjust the garment—a necessity given X had provided a reference photo for a similar, fully backless pose, justifying his proximity—he denied intentionally touching her back or pulling the dress down to expose her chest.
Considering the model’s age, experience, the lack of damage to the clothing, and her behavior after the incident, the court ultimately held that there were lingering doubts about the veracity of the allegation.
Conviction Set Aside
The High Court panel ultimately judged that the prosecution had failed to prove the charge—that Leung indecently assaulted X at the Chai Wan studio between December 16 and 17, 2022—beyond a reasonable doubt. Finding the initial conviction unreliable, Judge Lee set aside both the guilty verdict and the associated eight-week prison sentence. The ruling marks the conclusion of a high-profile case that drew attention to the sensitive relationship between photographers and models within the creative industry.
Suggested Reading: Legal Precedent in Hong Kong Assault Cases; Ethical Guidelines for Professional Photography.