Occupy activist Ken Tsang’s injuries ‘almost certainly’ inflicted by police baton, Hong Kong court told
Prosecutor in case of man arrested during Occupy protests alleges one officer hit Tsang in the face when he wouldn’t give his phone password
Bruises found on activist Ken Tsang Kin-chiu, who was allegedly assaulted by seven police officers during the Occupy protests, “almost certainly” matched injuries inflicted by a type of police baton, a court heard on Wednesday.
After a four-month adjournment, prosecutors returned to the District Court to allege the officers not only kicked and punched Tsang, but hit him with a blunt instrument during the early hours of October 15, 2014 at a substation near Lung Wui Road in Admiralty.
Prosecutor Daniel Marash SC said a medical examination showed Tsang had red bruises and cuts on his head and body, most of which could have been caused by punches, kicks and being hit with a blunt object.
Some 15 circular bruises on Tsang’s back, the report found, were “completely congruent with” a retractable baton, and were almost certainly caused by it.
But, the prosecutor alleged, no batons were used in subduing Tsang before the assault.
Chief Inspector Wong Cho-shing, 48, Senior Inspector Lau Cheuk-ngai, 29, Detective Sergeant Pak Wing-bun, 42, and constables Lau Hing-pui, 38, Chan Siu-tan, 31, Kwan Ka-ho, 32, and Wong Wai-ho, 36, deny one joint count of causing grievous bodily harm with intent. Chan denies an extra count of common assault.
Marash said six officers took Tsang to the substation, and were later joined by the last defendant.
There, Tsang felt blows raining down on him for four minutes, he alleged.
“The only evasive action [Tsang] was able to take was to curl into a ball,” he added.
He said Tsang was subdued after splashing liquid from a water bottle onto the officers from a height on nearby Lung Wo Road.
Although the activist got into a violent struggle with arresting officers, Marash alleged, he was not hit with a baton when he was being subdued.
The prosecutor also alleged that later, at Central Police Station, Chan hit Tsang twice in the face after Tsang refused to give the password to his phone.
Marash alleged that the defendants either intentionally assisted or encouraged one another, or came to some form of agreement to cause grievous bodily harm.
The court also heard on Wednesday that while the defendants refused to take part in any identity parade, Tsang had also turned down several invitations as his legal team was not happy that the people paraded along with the defendants would not be real police officers.
Superintendent So Chun-Kwong, who was in charge of the arrangements at the time, told the court he resorted to a one-on-one parade, which required no consent from the defendants.
Defence counsel Bernard Chung Wai-keung, for Chan, suggested that that arrangement would not normally be used unless all other options had been exhausted. He suggested to So that he selected it because he wanted to avoid controversy raised by Tsang’s lawyers.
But the superintendent disagreed, saying that the defendants were unwilling to take part in any parade.
Tsang is expected to testify before Judge David Dufton on Thursday.