Page:HKSAR v. Tong Ying Kit (Verdict).pdf/30

-30- He therefore just held onto the edge of the plastic shield. When the motorcycle brushed past him in a very high speed, the shield came off. He said that because the motorcycle was very close to him, so he feared that he might be hit by the motorcycle and he therefore raised the shield. (By way of demonstration, PW7 raised his right arm to eye level and swept down to the left.)

78. PW7 disagreed that he threw his shield at the Defendant which hit the Defendant’s helmet. He also disagreed that the collision was an accident because had the Defendant stopped when he told him to, the collision would not have happened.

79. PW8 (PC 12197) saw the Defendant’s motorcycle overtaking the Brown Car, it then accelerated when it was about 1 to 2 metres away from him, finally crashing into him and his colleagues. The speed of the motorcycle was about 10 to 20 kph when it was in the gap, but after it overtook the Brown Car and accelerated towards them, PW8 was unable to assess its speed as it was too short a distance.

80. PW8 identified himself on P19 as the officer on the far right. After he was hit, he fell against the left front fender of a car parked at the roadside and he felt pain at his left rib and back.

81. PW9 (PC 8260) identified himself in P19 as the officer on the left, behind the first officer in black. He said that the motorcycle was about 10 metres away from him and it had slowed down (going at about 20 to 30 kph) when it passed the Brown Car through the gap.