Hong Kong man freed after judge rules that six-month jail sentence for assaulting officer, drunken attack in park too hefty
- Chung Chi-wah, 62, was released after a High Court judge ruled the sentencing magistrate had overestimated the gravity of the crime
- Justice Anthea Pang questions decision of magistrate, who had said defendant’s offences were some of the most serious among similar cases
A Hong Kong man jailed for six months for assaulting a police officer and attacking another man during a drunken argument over politics has been freed after winning an appeal over his prison sentence.
Chung Chi-wah, 62, was released on Friday after a High Court judge ruled the sentencing magistrate had overestimated the gravity of the crime, which took place on June 25 last year.
Fanling Court had earlier heard that Chung, who was drunk at the time of the offence, spat on a man and kicked him in a Sheung Shui park, after the two argued over politics. Later, Chung was said to have punched Sergeant Mok Siu-keung, who arrived to handle the fight, leaving a 1cm-wide wound on his face.
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Chung was remanded at North District Hospital in Sheung Shui the following day, but was allegedly attacked by three officers when he was tied to a bed. The incident was captured by a security camera.
The trio who allegedly assaulted Chung – Constable Au Kwok-wai, 25, and former officers Tang Man-him, 24, and Lam Yik-sing, 30 – have denied one joint count of misconduct in public office.
On May 16, Chung was sentenced to six months’ jail at Fanling Court after pleading guilty to one count of common assault and one count of assaulting a police officer, with Principal Magistrate Don So Man-lung commenting that Chung’s offences were some of the most serious among similar cases.
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However, Madam Justice Anthea Pang Po-kam rejected that categorisation on Friday, and questioned the magistrate’s decision to impose a hefty sentence when Chung had only hit the officer once.
“If [the facts of the case] were among the most serious among similar cases, how should other cases be sentenced?” Pang said.
She ordered Chung be released immediately after suggesting she would cut his jail term to three weeks, the length of time he had spent in prison.
Au, Tang and Lam will stand trial on November 23 at the District Court.
