The businessman attacked the woman to help the prisoner. In April, he said that the warning and defense were all denied. The official: repeating the fallacy will not become credible

The then Sham Shui Po District Councillor Lau Ka-heng set up a street stand to oppose the "Hong Kong National Security Law" in 2020, causing conflict. A middle-aged businessman injured a female councillor's assistant and was convicted of common assault and sentenced to 4 weeks in prison.

He refused to accept and filed an appeal, saying that the barrister who represented him in the original trial was incompetent. He also emphasized that when he warned and defended, he denied that he had attacked. However, the judge of the High Court pointed out that the original trial judge refused because his statement was different from the film. Accepting his statement, arguing that repeating absurd words does not make it credible, and reiterating that in a civilized society, everyone can take different positions and discuss them, but violence cannot be used arbitrarily.

The judge believed that the original sentence was secure and that a four-week prison sentence was also appropriate. The original sentence was upheld, and the businessman who was granted bail pending an appeal must be imprisoned immediately.

The appellant, Wan Zai Dao, was found guilty of one count of common assault for assaulting Yu Kailin outside No. 162 Un Chau Street, Sham Shui Po, on May 29, 2020.

Screenshots of the incident were taken at the scene.

(See the picture below for details)

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Appeal alleges incompetence of trial barrister

Yin put forward a number of grounds for his appeal, including that the original counsel was incompetent, and pointed out that when Yin was arrested on the spot, he denied the assault under caution, and believed that he should agree with the facts during the trial, or that Yin should bring out the facts when he defended himself, so that the court would be ordered to do so. Knowing Yin's first response at that time, and this is the same as Yin's defense in the trial, it is believed that it can enhance the credibility of his testimony.

Repeating a ridiculous word doesn't make it believable

However, the judge pointed out that the magistrate in the original trial refused to accept Yin's testimony because of his testimony, which was contrary to the situation in which the video was filmed. But repeating absurd words doesn't make it any more credible.

Yin's behavior is inseparable from political views

In terms of sentencing appeal, Yin pointed out that his attack did not involve his own political stance.

The judge rejected the argument, saying the context of the case showed Yin's actions were inextricably linked to political views.

Yin passed by the scene at that time, and had an argument with the victim and others over whether to sign to support, and then the attack occurred.

Civilized society cannot use violence arbitrarily

The judge emphasized that Hong Kong is a civilized society under the rule of law. People can hold different positions on current affairs and discuss rationally and even argue vigorously, but violence must not be used arbitrarily to undermine social peace and order.

The judge believes that Yin's actions may lead to violent reactions from other opponents, which will further disrupt social peace and cause ripple effects.

In order to set an example, it is not an exaggeration to sentence Yin to immediate imprisonment.

The judge also believed that the four-week sentence was within a reasonable range, and that the conviction was completely correct and dismissed the appeal of the sentence.

Case number: HCMA166/2021

A district councillor's staff was attacked at a street station, a businessman said he wanted to hook a street light but accidentally hurt someone The male businessman attacked at Paijie Station denies the case of scratching the female assistant. The case of "Blue Silk and the Dog" is open for consideration.