The 57-year-old retired cop Kwong Tak-wing initially faced a count of assault occasioning actual bodily harm for assaulting and injuring the van driver surnamed Chan outside Siu Hong MTR station on November 28, 2021.

In Tuen Mun Magistrates’ Courts on Thursday, magistrate Tobias Cheng Yun-chung acquitted Kwong of the charge but found him guilty of common assault.

Delivering the verdict, magistrate Cheng said Kwong reacted aggressively as he got out of his car, yelled at Chan, and pushed Chan once. Yet, Cheng noted that Kwong didn’t face any immediate threat, and his responding acts were unnecessary.

Cheng also said Chan once sat on top of Kwong and pinned Kwong on the ground with his body weight, and Kwong might have been trying to defend himself in the fight.

Cheng then concluded that the charge of assault occasioning actual bodily harm was not proven beyond reasonable doubt and found Kwong not guilty.

Yet, Cheng continued that the court could make another ruling for the common assault charge, as he pointed out that Kwong pushed Chan away not because of self-defense, as captured clearly in a video. Cheng then found Kwong guilty of the common assault charge.

Cheng described the case as “road rage” and said it escalated unnecessarily because of foul temper. Cheng also empathized with Chan’s son, who had to witness his father's death.

Cheng sentenced Kwong to seven days imprisonment but released Kwong immediately, given that he had already been remanded in custody for 52 days.

Chan’s wife left the court building sadly and slammed the final ruling as “unjust and unfair.” She also said the judge favored Kwong and pointed out that Kwong never apologized or offered them any compensation.

The wife added Chan didn’t have heart disease and asked, “Why did Kwong pull my husband out of the car?”