Page:HKSAR v. Tong Ying Kit (Verdict).pdf/45

-45- 130. Regarding the collision at Checkline 4, we accept the evidence of Dr Tsang Cheuk-nam (“Dr Tsang”). Dr Tsang testified that Frame C5279 showed the moment when the brake light of the motorcycle was lit, indicating a position well past the first 2 police officers and when the motorcycle was about to plough into the remaining group of police officers. Working backwards with the typical reaction time of drivers of 0.9 second, Dr Tsang further testified that Frame C5252 showed the probable moment when the driver of the motorcycle perceived the danger of hitting the police officers and decided to apply braking, indicating a position where the motorcycle was at the left front of the Brown Car. The effect of Dr Tsang’s evidence is that when the Defendant chose to overtake the Brown Car through the gap at the speed he did (instead of complying with police instructions to stop his motorcycle behind the Brown Car), the collision with the police officers was inevitable, bearing in mind that by the time he reacted in applying the brakes to slow down, the motorcycle had already arrived at the group of police officers.

131. As to the issue of whether the shield was deliberately thrown at the Defendant by PW7 DPC 9682 (according to the Defence, the act of deliberately throwing is shown in the video, whereas according to PW7, he had hoped to block the motorcycle with the shield but lost grip of it accidentally), in view of our finding above that the collision was bound to happen even without the intervention of objects being thrown at the Defendant, we do not find it necessary to make a determination on this.