Hong Kong protests: man shot while trying to take policeman’s gun sentenced to 6 years in prison
- Patrick Chow, 23, was found guilty of attempted robbery, obstructing a police officer and attempted escape from lawful custody
- Former student was set to be sentenced in October but sitting was adjourned because he had a medical condition and was taken to hospital
A protester who was shot at point-blank range by a policeman at the height of Hong Kong’s anti-government protests three years ago has been jailed for six years on three charges, including trying to steal the officer’s handgun and escape from custody.
Patrick Chow Pak-kwan, 23, appeared at the District Court on Wednesday to be sentenced for attempted robbery, obstructing a police officer and attempting to escape from lawful custody.
Judge Adriana Noelle Tse Ching slammed Chow for his “utter disregard for law and order”, saying he had shown no restraint in harassing the policeman by taking advantage of the number of his protest comrades present.
She also found Chow had intentionally misled the court by making “overblown and inaccurate” claims about his health condition.
Chow, a former student at a vocational education institute, was found guilty in late August and remanded in custody, with the court finding it “completely reasonable” for the policeman to open fire given the life-threatening situation he was in on November 11, 2019.
Co-accused Woo Tsz-kin, 22, was handed the same penalty for attempted robbery and obstruction.
The shooting, captured on video and shared widely online, happened when an unarmed Chow tried to approach a policeman and reach for his .38 revolver while the latter was grappling with an unidentified protester in Sai Wan Ho that morning.
The court heard the policeman, identified only as “officer A” in court, fired three live rounds, one of which hit Chow’s abdomen. The officer testified in December last year that he felt his life was in danger when protesters besieged him and tried to snatch his gun.
Tse in August held that the officer was in imminent danger after being surrounded by protesters, which made it “impractical” for him to use non-lethal weapons, such as his baton or pepper spray, to ward off any potential attacks.
Chow’s lawyers previously highlighted the long-term impact the shooting had on their client in asking for a lighter sentence.
They argued Chow, a former student at the Hong Kong Institute of Vocational Education, had suffered long-term side effects from his numerous operations, and experienced regular abdominal pain after he had a kidney and part of his liver removed.
Counsel submitted Chow’s condition could exacerbate over time and doctors were “at a loss” for a cure.
But Tse said in sentencing that the former student’s assertions were “wholly inconsistent” with his medical reports.
A doctor from Pamela Youde Nethersole Eastern Hospital was of the opinion that Chow’s condition had “stabilised” after the event and he was “experiencing a smooth recovery”, adding that his wounds had “healed well”, the court heard.
While Chow was diagnosed with adhesive small bowel obstruction, a post-surgery complication, the doctor said the issue was “resolved spontaneously after treatment”, with the patient merely complaining of “occasional mild abdominal pain” in recent consultation sessions.
Tse held that none of the injuries Chow suffered were serious enough to warrant remission of sentence.
“The defendant was simply reaping what he sowed with the injuries he sustained in the course of his offences,” the judge said. “Unless the injury was severe, it could not constitute a mitigating factor.”
The judge found no reasons to reduce the pair’s sentences, saying they had “boldly” broken the law and “blatantly” challenged law enforcement.
Chow previously revealed on Facebook that he had suffered rapid weight loss, wound pain and loss of appetite because of his injuries.
He was initially set to be sentenced in October, but the sitting was adjourned because he had a medical condition and was taken to hospital.
Robbery is punishable by a maximum sentence of life imprisonment but is capped at seven years at the District Court. The two other charges carry a maximum of two years in jail.