The crime of assaulting a police officer was a public servant and appealed. Appellant: After giving way, he acted naturally. Attorney General: Obviously wanted to trip the police

During the “Shop with You” demonstration in Tsim Sha Tsui Harbour City on December 21 of the previous year, Fung Yiu-fai, the then Assistant Clerical Officer of the Government, was accused of tripping over a police officer and was interrogated earlier. Convicted of assaulting the police and sentenced to 2 months in prison. Feng refused to accept the conviction and appealed and was heard by Judge Zhang Huiling in the High Court today (8th). The appellant’s dispute was purely an accident. The defendant’s foot movements were a natural response to balance the body to avoid passers-by and the sheriff. The Attorney General pointed out that a large number of police officers hurried over, but the defendant went to The police crowd approached and raised their feet, apparently intending to trip the police officer. The judge adjourned the case and set a date for the ruling, during which Feng was allowed to continue on bail.

The 28-year-old appellant Feng Yaohui, who was an assistant government clerical officer at the time of the case, was charged with one count of assaulting a police officer, accusing him of assaulting Police Constable Zeng Junxian at Shop 2337, Ocean Center, Tsim Sha Tsui on December 21 the previous year. After he was interrogated earlier, he was convicted of assaulting a police officer by the magistrate Zheng Nianci, who alleged that he tripped a police officer who was walking in a relatively undetectable manner. The act was a sneak attack and was sentenced to 2 months in prison.

Appellant: The incident was accidental

In its submission, the appellant stated that one of the parties no longer disputes whether Feng’s conduct is hostile intent, but whether the dispute between the two parties is purely accidental. The appellant believes that Feng’s actions on that day are common in daily life.

The appellant broadcasted CCTV footage, saying that there was a lot of people in the shopping mall. When Feng and other passers-by saw a group of police officers approaching, they “watched the excitement” together. At that time, Feng’s feet were not “nailed to the ground”. He also moved slightly and gave way to two passers-by and a sergeant in the front row of the police group. If Feng deliberately assaulted a police officer, he could have tripped the sergeant who was closer to him instead of the one who was farther away.

Department of Justice: tripped intentionally

The Attorney General pointed out that Fung saw a large number of police officers approaching at the time, and instead approached the police officers, his right foot was clearly stretched out and upwards. Pass it, causing the officer to lose his balance. One of the views is that Feng deliberately tripped the police officer and did not trip the sheriff first. This does not mean that the trip to police officer Zeng was an accident. On the contrary, it was anyone in Feng’s target police group.

The appellant stated that whether the above statement can be the only inference in this case is doubtful, reiterating that the defendant’s foot movements are natural and continuous movements to balance the body after giving way.

During the period, the judge pointed out that during his testimony, Zeng Jing pointed out that “the defendant stretched his foot and raised it to five inches above and five inches below the single position.” He questioned Feng Ruo’s intention to raise it to this height. The appellant reiterated the above answer. The judge adjourned the case after hearing the submissions of both parties, and decided on a set date.

Case number: HCMA306/2020