Page:HKSAR v. Tong Ying Kit (Verdict).pdf/26

-26- 63. PW2’s estimate of the speed of the Defendant’s motorcycle was about 50 kph and he believed that the Defendant had increased the speed just before and after the junction at Checkline 1.

F.2.2 Checkline 2 on Hennessy Road

64. PW3 (SGT 58806) was at the junction of Hennessy Road and Fleming Road cordon. At 1535 hours, he and his team members were heading towards Luard Road. He saw the Defendant’s motorcycle driving towards him in the middle lane travelling at about 40 kph and it was about 50 metres away from him. PW3 directed the Defendant to stop by raising his right hand and police baton, and by shouting loudly but the Defendant did not stop. Instead, when the Defendant was about 20 to 25 metres away from them, he increased the speed to about 60 kph. The Defendant then passed him just about 2 to 3 feet away.

65. After the Defendant had passed him, people on the footbridge and on the ground cheered and clapped. There were about 50 to 60 of them. PW3 said he was concerned for the safety of the colleagues behind him and the pedestrians in the area when the Defendant passed.

66. He agreed that his estimates as to the speed of the motorcycle were based on his 20 years’ experience as a motorcyclist but they were not necessarily accurate. He also agreed that, at the last moment, the Defendant did swerve to avoid hitting people.