Page:HKSAR v. Tong Ying Kit (Verdict).pdf/29

-29- 73. Since people on the overhead bridge were throwing hard objects at the police, PW6 shouted loudly and asked them to leave immediately. When the people refused and continued to throw hard objects despite several more warnings, pepper shots were fired at the footbridge. PW6 identified himself in P19 and said that when he saw the motorcycle, the distance was about 50 metres.

74. PW7 (DPC 9682) was at the front of the group of police officers who went to stop the Defendant. His right hand was holding a police shield at the time and he raised his shield to indicate the Defendant to stop. The Defendant did not stop and continued to drive towards him and his team. PW7 said he wanted to grab hold of the Defendant to get him to stop, but he could not do so because after passing through the gap, the Defendant then turned the front of the motorcycle to the right and accelerated.

75. PW7 said the motorcycle came very close to him, about 30 to 40 cm. He feared that the motorcycle would hit him, so he had to take action to avoid it. Somehow his shield came loose. When he turned around, he saw that the motorcycle had run into his colleagues.

76. He said that when he first saw the motorcycle on Jaffe Road, it was travelling at about 40 kph, but when it was approaching the Brown Car, it slowed down to about 20 kph. After the motorcycle had overtaken the Brown Car, it then accelerated to about 40 to 50 kph.

77. In cross-examination, PW7 agreed that he did not carry the shield properly because he thought that there was no conflict at that time.