Should Marc Progin be held liable for Lin Nan’s assault?

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Marc Progin Should Not Be Held Liable for Lin Nan's Assault, Defense Argues

Lawyers representing Swiss photographer Marc Progin have argued that he should not be held responsible for the assault on JP Morgan employee Lin Nan. Progin is accused of "aiding and abetting public disorder" after closing a door moments before Lin was attacked during a pro-democracy protest in Hong Kong last October. The defence contends that Progin was merely performing his duties as a photographer and had no intent to obstruct or facilitate the assault.
Progin's Actions Were Those of a Photographer, Not an Instigator

The defence's central argument is that Marc Progin was engaged in his professional activity as a photographer when he closed the door. Lawyers submitted photographs taken by Progin during the incident to demonstrate he was focused on documenting the events, not interfering with them. They maintain that Progin's intention was to secure a better vantage point to capture the unfolding argument through his camera lens, asserting he had no desire to "stop, block or obstruct" Lin Nan.
Lin Nan's Own Actions May Have Incited the Crowd

During the trial, Lin Nan testified that he felt frightened by the crowd's shouting and found their "facial expression and body language offensive." However, Progin's defence lawyers countered this by suggesting Lin himself may have inflamed the situation. They argued that Lin's decision to stop, turn around, and chant "We are all Chinese" served to "incite the mood of the crowd," rather than being a reaction to fear.
The Assault Occurred Independently of Progin's Actions

Prosecutors posited that Progin's act of closing the door effectively enabled the assault on Lin Nan, thus implicating him in the public disorder. However, the defence maintains that the crowd's behaviour was unrelated to Progin's specific action. They argue that the incident involving Lin and the subsequent assault were a consequence of the broader protest environment and not directly caused or facilitated by Progin's momentary act of closing a door.
Legal Proceedings and Verdict Await

Marc Progin, who has resided in Hong Kong since 1976 and is a retired watchmaker turned photographer, faces a potential jail sentence of up to one year if found guilty. Lin Nan, who moved to Hong Kong in 2008 and was working as a client consultant at JP Morgan, was assaulted by an individual who has not yet been apprehended. The verdict in Progin's trial is anticipated on November 13, following closing arguments from both the prosecution and defence in a case that has drawn attention both within mainland China and in Europe.

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Should Marc Progin be held liable for Lin Nan’s assault?

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