Page:HKSAR v. Tong Ying Kit (Verdict).pdf/54

-54- G.4 Did the Defendant’s acts amount to acts involving serious violence against persons or other dangerous activities?

152. It is clear from the evidence, and not challenged by the Defence, that the Defendant did not stop at several police checkpoints, despite being shouted at and directed to stop. In doing so, he created a dangerous situation where police officers had to jump out of his way and pedestrians and other road users lawfully using the roads were potentially put at risk and in harm’s way. A particularly stark picture of this was when the Defendant turned into Jaffe Road at a close distance from police officers on the ground and pepper shots were fired at him. Still, in flagrant disregard of the orders to stop, he turned the corner at speed totally without consideration of the safety of other road users.

153. After turning into Jaffe Road, the Defendant came to the police checkline at the junction of Jaffe Road and O’Brien Road where the Brown Car had already stopped. Yet, the Defendant blatantly continued on by overtaking the Brown Car on the left at a speed of about 20 kph and despite police running towards him, he not only did not stop but attempted to pass the police at a very close distance We note it was suggested that PW7 “threw the shield into the face of the Defendant which distracted him.” However, there was no evidence as to the alleged hitting of the Defendant or distraction.

154. We further note Mr Grossman’s submission that the Defendant had applied his brakes but we would like to make two points.