Hong Kong salesman acquitted of manslaughter charge over 63-year-old man’s fatal fall in queue-jumping scuffle
- High Court jury finds Leung Ching-yin not guilty of killing Chow Chun-wo
- Defence counsel tells court no one could foresee elderly man’s fatal collapse from a single push
A salesman who pushed an elderly man during a fight over queue-jumping at a Hong Kong ferry pier and later died has been found not guilty of manslaughter.
A High Court jury on Monday acquitted Leung Ching-yin, 28, over the death of Chow Chun-wo, 63, by a vote of six to one after four hours of deliberations.
Madam Justice Esther Toh Lye-ping said it was a short but difficult case as she thanked the jury and counsel after releasing Leung from the dock.
A large number of people were queuing at Central Ferry Pier 7 to cross over to Tsim Sha Tsui following a demonstration on Hong Kong Island when Leung pushed Chow once with both hands on the shoulder just before 10pm on June 16, 2019. Chow died of a fractured skull and brain injuries two days later.
According to organisers, the demonstration drew a record turnout of nearly 2 million protesters, with their demands including the bill’s full withdrawal and the chief executive’s resignation.
Witnesses said Chow had jumped the queue to stand behind Leung but accused the two women he overtook of cutting the line, which prompted the defendant to chime in.
After exchanging a few words, Leung returned his attention to the front, only to turn back towards Chow after the latter had kicked his right buttock, the court heard.
Leung subsequently stepped towards Chow and pushed him, with witnesses recalling that the younger man had looked angry and emotional.
Paramedics arrived at 9.57pm and found Chow lying on the ground with a can of beer in his hand. Ambulanceman Cheung Kin-wai noted that the 63-year-old had smelled of alcohol and was responsive when questioned.
Chow was sent to Queen Mary Hospital in Pok Fu Lam, where he underwent surgery the next day. But his vitals deteriorated afterwards and he was certified dead at 9.04am on June 18. Leung was arrested on June 26, 2019.
Under caution, the salesman told a police detective sergeant: “He jumped the queue, arguing with several women. I couldn’t stand it and argued with him. He gave me a kick, so I pushed him.”
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The defendant did not testify at the trial.
To determine whether Leung acted in self-defence, the case examined whether he had held a genuine belief that it was necessary to protect himself and applied a reasonable level of force.
Senior public prosecutor Kelvin Tang Ming-chung argued that Leung’s push was “intentional, unlawful and dangerous” as he did not face an “imminent attack which called for the push at that amount of force”.
The prosecutor also said that Leung should have voluntarily assisted the police’s investigation if he had genuinely believed his actions were in self-defence.
Meanwhile, defence counsel Joe Chan Wai-yin said Leung had instinctively pushed Chow once to create some space between them and protect himself from further attacks.
Chan said that the push was not dangerous, adding that no one could have foreseen that Chow would immediately collapse and die two days later.
Manslaughter carries a maximum punishment of life in prison.
