Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Thursday, Mar 30, 2023

Hong Kong court quashes inquest finding of unlawful killing by police officer

Hong Kong court quashes inquest finding of unlawful killing by police officer

Taxi driver was lifted off ground in chokehold while in handcuffs and died after complications from injuries sustained during the arrest made by Constable Lam Wai-wing.

A Hong Kong police officer has won a judicial review over a jury’s earlier finding that he unlawfully killed a taxi driver whom he put in a chokehold while arresting him in 2012.

Constable Lam Wai-wing previously admitted to an unlawful use of force when he put Chan Fai-wong, who was handcuffed at the time, in the headlock after the suspect refused to enter a police van following a scuffle with a Japanese passenger outside a toll station on the Kowloon side of the Western Harbour Tunnel on November 11, 2012.

Chan was diagnosed with a cervical vertebra dislocation two days later and died the following month at age 65 of bronchopneumonia that he had contracted as a complication of the injury. A five-member jury at the Coroner’s Court returned a rare verdict of unlawful killing by a vote of 3-2 in October 2018. Chan subsequently applied for a judicial review challenging the finding.

In quashing the unlawful killing ruling at the High Court on Friday, Mr Justice Albert Wong Sung-hau said then coroner Ada Yim Shun-yee had oversimplified her directions to jurors to the effect of usurping their role of determining the lawfulness of the officer’s actions.


Constable Lam Wai-wing leaving court in October 2018.

“It is good practice to tailor the summing-up and direction so that the jury will not be overburdened with consideration and decision of unnecessary issues. However, in my judgment, in this death inquest, in her effort the coroner has unduly usurped the function of the jury in a limited aspect,” the judge said.

“Even if it is a case that the jury might have little difficulty in making up their mind, the issues should have been put before the jury for consideration and decision.”

The coroner had also failed to properly instruct the panel on how to decide whether the constable had intended to apply unlawful force on the deceased and whether the force used was reasonable, Wong added.

The judge ordered the inquest be reopened before another coroner and that Chan’s daughter, listed as an interested party, bear the expenses for the recent judicial review proceedings.

Dr Lee Yuen-lun, an orthopaedic specialist formerly affiliated with the Hospital Authority, told the 2018 inquest that Lam had pulled and twisted the driver’s neck in a movement that was forceful enough to cause a serious spinal injury.

Lam admitted the headlock he put on Chan “must have been an unlawful use of force” and that he knew he might injure the deceased, but said his actions were done unwillingly.

The inquest jury found the spinal injury incapacitating the driver was an indirect cause of death.

They heard that Lam, who was in plain clothes at the time, and Constable Ma Chun-hong, who was in uniform, attempted to carry the handcuffed driver into a police van after detaining him.

Security footage showed Lam putting his hand around Chan’s neck as Ma carried the driver’s legs.

Coroner Yim told the jurors that in order to reach a conclusion the deceased died of manslaughter, they must be satisfied beyond reasonable doubt that Lam had caused the fatal injury, and that his actions were intentional, dangerous and unlawful.

But the coroner remarked there was “no dispute” with respect to the risk and illegality of Lam’s conduct given the constable’s confession in the witness box, so the jury should focus their attention on whether to accept the doctor’s evidence.

In his written judgment, Wong said Yim’s directions meant the jury did not have to consider whether the chokehold was dangerous and unlawful – two of the four key elements the prosecution must prove in a criminal trial of unlawful act of manslaughter.

Wong said those misleading instructions constituted a material error, as it was open for the jury to find the force exercised to be lawful, especially when officers were entitled to use necessary force in certain situations.

Newsletter

Related Articles

Hong Kong News
Close
0:00
0:00
China and Brazil have signed a new deal that will allow them to trade in their own currencies, bypassing the US dollar as an intermediary
Elon Musk and Others Call for Pause on A.I., Citing ‘Profound Risks to Society’
“We've had evidence prior to the pandemic that masks were largely ineffective at preventing community transmission of influenza “
Former Starbucks CEO Howard Schultz:
Former Starbucks CEO Howard Schultz rejects being labeled a "billionaire"
Jamie Dimon is being deposed over JPMorgan Chase role in Epstein lawsuits
Brand new security footage has just been released to the public showing the Active shooter Audrey Elizabeth Hale drove to Covenant Church School in her Honda Fit this morning, parked, and shot her way into the building
Social Media censoring users for saying the true
Smart Iranian fashion designer teaching dummy TV anchors lesson about reality
AMERICA, 2023
U.S. charges FTX's Bankman-Fried with paying $40 million bribe
Fallen 'Crypto King' Who Owes Millions to Investors Was Kidnapped and Tortured
Regulators blame social media for SVB's rapid collapse: 'Complete game changer'
AOC explains why she opposes banning TikTok
Singapore’s Prime Minister says China and US need to stabilize relations because world can't afford a confict between the two superpowers
In a dramatic U-turn against His Government: Judicial Reform Legislation Must Be Halted, Says Israeli Defense Minister Yoav Gallant
Gordon Moore, a co-founder of Intel Corporation, died at 94
Powell: Silicon Valley Bank was an 'outlier'
Bordeaux town hall set on fire in France pro democracy protest
Police violence in Paris
Paris: Some of the police are stepping down and showing solidarity with the protesters.
Donald Trump arrested – Twitter goes wild with doctored pictures
NYPD is setting up barricades outside Manhattan Criminal Court ahead of Trump arrest.
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Goldman Sachs cuts outlook for European bank debt over Credit Suisse crisis
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
The BBC problem about China
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
Announcing GPT-4
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
'No relation to the American SVB': India's SVC Bank acts to calm depositors amid brand name confusion.
Good news: The U.S. government is now guaranteeing all deposits, held by, Silicon Valley Bank, and the funds are available as of today
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
Saudi Arabia has announced a major breakthrough in diplomacy with Iran after two years of intense talks
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
A primitive judge in Australia sparked outrage when he told a breastfeeding woman to leave his courtroom for being “a distraction"
×