Policeman To Face Trial Over Protest Shooting

An Eastern Court magistrate has decided to summon a police officer to stand trial for shooting a student in the abdomen with live ammunition last November, according to lawmaker Ted Hui who is bringing the private prosecution.

Hui is accusing the policeman of shooting with intent to cause grievous bodily harm, discharging ammunition with reckless disregard for the safety of others, and dealing with arms in a manner likely to injure or endanger safety.

The first offence carries a maximum penalty of life imprisonment.

The officer shot a 21-year-old protester in Sai Wan Ho on November 11 last year, leaving the student critically ill in hospital.

The young man underwent surgery to remove his right kidney and part of his liver.

Hui said the magistrate had made an important decision by allowing the private prosecution to go ahead because it’s the first criminal case against a police officer in connection with the protests which began a year ago.

"Of course the meaning is that any police officer, no matter the rank, whenever they use excessive force or even violence, they will be punished," he said.

"Even though the police complaints mechanism is not working at all, there are people, civilians, and us, who can always resort to the courts as a last resort, and there will be consequences. There’ll be results and punishment towards them, so this is a warning."

This is the third private prosecution launched by Hui to receive the courts' blessing in less than a week.

On Friday, Eastern Court decided to summon a taxi driver who ploughed into a group of protesters in Sham Shui Po last October, with Hui accusing him of dangerous driving.

And then on Tuesday of this week, the High Court set the ball rolling on a case aimed at forcing the police to reveal the chemical content of tear gas they fire at protesters.

The Department of Justice (DOJ) was ordered to submit the police's affidavit within 35 days in order to prepare for a hearing to take place.

According to the law, the DOJ can always intervene at any stage in any of the cases, taking over the prosecutions or even demanding they be dropped.

Hui said he would urge and warn the authorities not to intervene.

"If they truly believe in the independence of the courts, just leave it to the courts to find justice for both parties," he said.

"Intervening would also mean that they are biased, it would show to the world that ... they are favourable to the police. So I urge them not to do so."