A senior policeman who shot an unarmed man during a row over a laser disc may have wanted only to frighten him, the Appeal Court heard yesterday.
Defence barrister Lawrence Lok QC said the off-duty officer could not see where he was aiming because his spectacles had fallen to the ground.
The bullet shattered Dai Yiu-shing's forearm and ended Senior Inspector Cheung Kwok-wai's 14-year career with the force.
Mr Dai, 28, provoked the fight over the disc and punched the officer in the head more than twice, the court heard.
Mr Lok argued that the trial judge should have considered the possibility that Cheung was merely trying to scare his adversary.
But the Appeal Court rejected the argument and dismissed the appeal against conviction.
Cheung had just finished an extra shift when he entered the Quarry Bay KPS Video Express shop on August 14, 1995. He began arguing with Mr Dai after they both grabbed the laser disc Fist of the Legend starring Jet Li.