A 23-year-old, unarmed student, who was shot in the abdomen and badly injured by a traffic police officer during the 2019 anti-extradition protest in Hong Kong was sentenced to six years in jail on Nov. 30.
Chow Pak-kwan, a student from Chai Wan College of the Hong Kong Institute of Vocational Education, had his right kidney and part of his liver removed due to the gunshot injuries. He now has abdominal adhesions that affect his small intestine and cause a lot of pain.
The judge of the District Court, Adriana Noelle Tse Ching, claimed that the defense lawyers were “exaggerating the defendant’s health conditions to mislead the court.” She said the defendant got what he deserved (that is, being shot).
*Warning: The video below shows details of the incident that viewers may find disturbing.
Background
On Nov. 11, 2019, Hong Kong netizens launched a city-wide anti-extradition campaign. Starting at 5:00 a.m., some protesters set up roadblocks and blocked MTR station entrances and exits to interrupt the daily commute in various areas in Hong Kong.The Hong Kong Police were making arrests by 6:00 a.m.
At about 7:30 am, while the police were cleaning up the barricades, a traffic warden sergeant in the Sai Wan Ho district was approached by a young male wearing a white jacket and mask. The student showed the officer that he had no weapon by raising both hands in the air.
The police sergeant, however, pulled out his gun without prior warning, threatened to shoot, and pointed the gun at the young male’s chest while pulling him close.
While the two struggled, Chow Pak-kwan and two other protesters who were in the area walked closer to see what was happening. The traffic police officer then pointed the gun at Chow.
Chow pushed away the officer’s hand so the gun would not point at him. Although Chow did not touch the officer’s gun and was not carrying any weapon, the officer shot Chow at close range with no prior warning. Chow was hit in the abdomen and fell to the ground.
Both men were charged with obstructing police work and intending to steal an officer’s gun. Chow was also charged with attempting to escape custody.
At the time, the now-closed Apple Daily reported that the bullet had lodged between Chow Pak-kwan’s back and spinal cord. The former news agency reported that Chow’s liver and right kidney were badly ripped by the gunshot.
Global Reaction
International communities were shocked and angered by the Hong Kong police using live rounds on unarmed protesters. American senator Marsha Blackburn (R-TN) called the Sai Wan Ho Incident “Tiananmen Square Massacre 2.0.”Judge: Defendant’s Wounds ‘exaggerated’
One of the critical points of Chow’s case was whether the traffic sergeant had used excessive force in 2019.According to the Police Ordinance, a Hong Kong police officer must indicate his identity and how and what kind of force would be used.
The guideline stipulates explicitly that the police have a responsibility to make the best effort to allow the other party to obey the order before using any force.
However, the judge said the ordinance did not apply to Chow’s case, as the court only requires determining whether any force used by the police was reasonable and necessary according to the Police Force Ordinance and the Public Order Ordinance.
Chow has been a frequent visitor to the hospital since 2019 due to severe pain in his abdomen and abdominal adhesions, that cause him to throw up when he eats, drinks, or takes medicine. Chow is often sent to the hospital, where he has to fast for four to six days.
Since Chow has difficulty eating and keeping food down, his weight has dropped from 58 kilograms (128 pounds) to about 47 kilograms (104 pounds).
Chow’s sentencing was originally scheduled for Oct. 2022. However, due to frequent hospitalizations it was adjourned to Nov. 30, 2022.
According to the District Court Ordinance, the maximum sentence for cases like Chow’s would be seven years.
The judge stated that both defendants attempting to take the policeman’s gun were an aggravating factor.
Police Response
Police posted on social media on the evening of Nov. 11, 2019, claiming that “false accusations were circulating online” that the authorities had ordered front-line officers to use firearms recklessly. The police emphasized in the post that “all police officers are required to justify their enforcement actions” and the protesters were “dangerous” and carried “deadly weapons,” which “threatened the lives of front line officers.”Repeated Police Brutality
In addition to the Sai Wan Hoi incident, riot police in Tung Chung and Shatin also pointed guns at protesters in various locations.An officer fired a live bullet at Tsang Chi-kin at close range in Tsuen Wan. The bullet hit Tsang’s upper left chest, right above his heart, on Oct 1, 2019.
Tsang was a high school student in 2019. During the protest, Tsang was holding a hollow PVC tube. Still, the Hong Kong Police claimed, in one of their daily conferences, that Tsang had a sharpened metal pipe in his hand, which was later called out by multiple media with footage that showed otherwise.
A former Stand News reporter captured a police officer picking up a metal pipe and placing it next to a high school student while collecting evidence at the scene. The police were filmed pushing a white plastic tube away and replacing it with the metal pipe they had picked up elsewhere.
