Occupy activist Ken Tsang lucky to avoid more serious injuries in attack by policemen, court hears
Prosecutors advance final arguments against officers accused of harming social worker
Activist Ken Tsang Kin-chiu was lucky not to suffer more serious injuries when seven policemen conspired to cause him serious harm while he was zip-tied outside a substation during an Occupy protest two years ago, a court heard on Monday.
Prosecutor Daniel Marash SC argued the seven officers shared an agreement and a common intent to cause the social worker “really serious injury” when they took a detour to the substation and violently assaulted him after dumping him face down to ground.
“There was no reasonable ground or justification for any of [them] to take Tsang to the substation and use force on him,” Marash said in closing his case for the prosecution. “[They] acted outside their lawful power.”
The District Court previously heard that Tsang, 40, suffered multiple bruises on his face, chin, neck, shoulder, chest and back following his arrest on October 15, 2014 for pouring liquid onto officers who were clearing protesters from Lung Wo Road during a pro-democracy demonstration.
He testified that he was kicked, punched, beaten and stepped on during a continuous attack that lasted about four minutes.
Subsequent medical reports concluded 15 of the injuries were consistent with marks caused by a police baton despite it not being used to subdue him.
At issue was whether Tsang was assaulted by any or all of the seven officers.
Marash said Tsang was a credible witness who admitted to his assault on police, and that all the officers were identified in videos and photographs of the alleged incident.
Some, he said, served as lookouts, with chief inspector Wong Cho-shing, 48, clearly identifiable as standing guard throughout the assault, apparently to ensure the team was not interrupted.
Two of them had briefly left for Lung Wo Road during those four minutes and the prosecutor said it was “not inherently improbable” for them to get hold of a baton from a uniformed officer there.
“One need only to watch the assault on Tsang to realise it was fortuitous that he did not suffer far more serious injuries,” he continued.
Marash further contended that the seven were all responsible despite there being no evidence to show who was responsible for each injury because they were all acting in a joint enterprise.
And there was no evidence to suggest that any of the officers carrying and escorting Tsang to the substation changed at any time after Tsang came into custody, he added.
The seven defendants are chief inspector Wong; senior inspector Lau Cheuk-ngai, 29; detective sergeant Pak Wing-bun, 42; constables Lau Hing-pui, 38; Wong Wai-ho, 36; Chan Siu-tan, 31; and Kwan Ka-ho, 32.
All denied one joint count of causing grievous bodily harm with intent to Tsang, with Chan denying an additional count of common assault.
The trial will continue before judge David Dufton.
