Whistling loudly a 'form of assault', court hears

Whistling loudly at police officers, near their ears, is a form of assault because it involves the impact of sound energy, Eastern Court was told on Friday.

Prosecutor Jonathan Man Tak-ho said people should be protected from any form of physical molestation, even when there was no physical contact.

Man was speaking during the trial of construction worker Ki Chun-kei, 50, who has pleaded not guilty to five charges of assaulting five auxiliary police officers – by whistling at them – during the annual July 1 protest march this year.

Man referred to a precedent case in which speaking through a loudhailer into a police officer’s ears was determined to be assault.

Sound can become an unlawful use of force if it is used intentionally or recklessly without the implied consent of victims, he said.

“No matter [whether] it is a loudhailer, a whistle or a human vocal cord, it can emit sound energy, and under some circumstances, [emitting such sounds] constitutes assault,” Man said.

Such whistling is different from normal, everyday whistling, he said.