Retired senior policeman jailed for hitting Occupy protest bystander with baton loses appeal and is sent back to Hong Kong jail
The case was the second time officers were found guilty of using excessive force while policing the 79-day pro-democracy protests
Frankly Chu, 58, argued in his appeal against both his conviction and sentence that he acted in good faith when he struck a man who ignored police instructions, and asked for a conditional discharge.
But judge Mr Justice Albert Wong Sung-hau backed the lower court in an 85-page ruling, concluding that Chu was not justified in using any force at all, yet he had struck the neck of a compliant man with a “potent weapon”, with the intent to inflict unlawful force.
“A law-abiding citizen is entitled to expect no such thing to happen on him,” Wong wrote. “If that happens, public confidence is shaken … What the appellant did, sadly, failed to meet the expectation. He also set a very bad example to his subordinates.”
Chu appeared calm as prison officers led him from the dock. His counsel Peter Pannu said Chu would have to study the judgment before deciding on further action.