• 11/15/2024

Hong Kong social worker ordered to pay over HK$440,000 to police officer assaulted during 2019 protests

Hong Kong Free Press

Hong Kong police attempts to disperse a protest on the night of June 9, 2019. File photo: Kris Cheng/HKFP.

A Hong Kong court has ordered a social worker to pay over HK$440,000 to a police officer assaulted during the early days of the 2019 protests and unrest.

extradition protest
Hong Kong police attempts to disperse a protest on the night of June 9, 2019. File photo: Kris Cheng/HKFP.

The District Court on Monday ordered defendant Yau Chi-lok to pay damages of HK$446,130 to Tsang Chi-on, who earlier filed the claim over injuries sustained as a result of an assault on the night of June 9, 2019.

Around 1 million Hongkongers took to the streets that day to protest a since-axed extradition bill. Some gathered outside the legislature after nightfall and some scuffles broke out between demonstrators and police.

Yau, a registered social worker, pleaded guilty to taking part in an unlawful assembly and assaulting a police officer in July 2020, and was sentenced to four months behind bars.

“[Tsang] was subject to indignation and fear of imminent death when being assaulted by a group of aggressive protesters,” District Judge Phillis Loh, who presided over the damages hearing, wrote in a judgement handed down on Monday.

Tsang filed a HK$200,000 claim against Yau in 2022 for “pain, suffering and loss of amenities” due to the assault, according to the judgement.

The police officer, who was a constable with the Police Tactical Unit (PTU) at the time of the assault, was hit in the head and pushed to the ground by a group of protesters, including Yau, shortly after midnight.

The assault lasted for a couple minutes and Tsang briefly lost his vision after the attack. He sustained injuries to his right eye, the back of his head, and his right shoulder.

According to the judgement, Tsang was later diagnosed with post-concussion syndrome – a form of brain injury – that caused him to suffer a persistent headache, low mood, and flashbacks of the attack, among other symptoms.

The District Court in Wan Chai, Hong Kong, on November 2, 2023. Photo: Hans Tse/HKFP.
District Court in Wan Chai. File photo: Hans Tse/HKFP.

Tsang was granted sick leave from June 2019 to January the following year. During that time he had 36 occupational therapy sessions, among other medical procedures.

Tsang also told the court that he had to take painkillers between late-2022 and early-2023 due to occasional headaches and dizziness resulting from the assault, as he was being promoted to the rank of police inspector at that time and had to engage in intense physical trainings.

The judge accepted the evidence put forth by Tsang and his claim of HK$200,000.

Loh awarded Tsang an “aggravated damage” to the sum of HK$100,000. “It was a contempt and humiliation of a high degree that [Tsang]… should be subject to such brutal attack in the execution of his duty,” she wrote.

Tsang was also awarded a sum of HK$140,130 for “loss of allowance.” During his sick leave throughout the second half of 2019, his PTU team was assigned an average of 105 hours of overtime per month, according to the judgement.

A sum of RMB6,000, including medical fees Tsang paid to the University of Hong Kong-Shenzhen Hospital in December 2019, were also awarded to the police officer.

The judge ordered Yau, who was absent throughout the present proceedings, to pay the damages plus interest and legal costs.

Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.” 

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https://hongkongfp.com/2024/11/11/hong-kong-social-worker-ordered-to-pay-over-hk440000-to-police-officer-assaulted-during-2019-protests/