Hong Kong protests: student shot by police to challenge legality of officer’s decision to open fire
- Patrick Chow, 23, was shot with a police live round during a 2019 anti-government protest
- He is on trial with co-defendant charged with attempted robbery, other offences over alleged bids to grab officer’s gun
A student on trial for trying to steal a police officer’s handgun during a 2019 Hong Kong anti-government protest will challenge the legality of the decision to shoot him with a live round, a court has heard.
Lawyers for defendant Patrick Chow Pak-kwan are set to argue at the District Court that the traffic officer was “not duly executing his duties” when he fired three shots – one of which struck the 23-year-old in the abdomen – during the November 11 demonstration in Sai Wan Ho.
Chow was jointly charged with his secondary school friend, 21-year-old Woo Tsz-kin, with attempted robbery and wilfully obstructing a police officer for their alleged roles in the incident, which stemmed from a citywide strike five months into that year’s social unrest.
Chow also faces an additional count of attempted escape from lawful custody. The pair pleaded not guilty to all charges before Judge Adriana Noelle Tse Ching on Monday.
Opening the prosecution’s case at the start of the 10-day trial, prosecutor William Siu Kai-yip said protesters, mostly clad in black, blocked a section of Shau Kei Wan Road early on November 11, 2019, in response to online calls to paralyse traffic across the city – part of a bid to force the government to accede to their demands.
The policeman, named in court only as “officer A”, was greeted with boos from protesters when he arrived at the junction of Tai On Street, Shau Kei Wan Road and Shing On Street at 7.20am to remove foam boxes, corrugated cartons and plastic baskets that formed the barricades on the road.
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Siu said the officer was prompted to pull out his revolver for self-defence after he heard a man shouting: “Do not let him leave.”
The officer then noticed four men, including the two accused, slowly approaching him. He soon found himself tussling with Woo and two other unidentified men, who are still at large, as black-clad Chow allegedly attempted to grab the officer’s weapon.
“As [the officer] was caught between fighting on two fronts, he fired the first shot at the abdomen of [Chow], who subsequently collapsed to the ground,” the prosecutor said.
The officer fired two more rounds as Woo allegedly reached for the revolver after the first shot, but nobody was hit on those occasions.
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The two unknown men fled after another officer, only identified as “superintendent B”, arrived to subdue Woo on the ground.
Chow, who was arrested by officer A on suspicion of robbery, was said to have attempted to run away while awaiting an ambulance, but was immediately stopped by other police personnel on the scene.
The injured student was sent to hospital at 7.35am and had part of his liver and one of his kidneys removed.
He did not make a statement under caution. Woo, meanwhile, told police he had grappled with officer A to prevent him making arrests.
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Officer A was given three days’ sick leave after being diagnosed with mild swelling on the face and abrasion to a finger.
Investigators found an array of protest paraphernalia in the defendants’ possession, including goggles, respirators and cable ties.
Messaging logs found on Chow’s mobile phone revealed the student had been observing police movements in the neighbourhood since 5am and had filed reports to his comrades, Siu said.
“[Chow] and [Woo’s] attire and equipment, as well as messaging logs found on [Chow’s] mobile phone, all showed that they had gone to the said location to take part in a demonstration,” the prosecutor said. “They came prepared instead of passing the said junction by coincidence.”
The prosecution will call up to three witnesses, including the two police officers, to testify in court.
