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May 05, 2016

Court rules Occupy activist Ken Tsang must answer charges of police assault and resisting arrest

Case involving October 2014 confrontation moves to closing submissions

JASMINE.SIU@SCMP.COM

UPDATED : Thursday, 05 May, 2016, 1:35pm

Tsang, pictured outside court at Kowloon City, has declined to testify or call witnesses in his defence. Photo: David Wong

A magistrate ruled on Thursday that pro-democracy activist Ken Tsang Kin-chiu has a case to answer over charges of police assault and resisting arrest during the Occupy movement in 2014.

But the social worker has opted to not give evidence or call witnesses in his defence, bringing the case at Kowloon City to its next stage for closing submissions scheduled on Friday.

Deputy director of public prosecutions David Leung Cheuk-yin SC closed his case against Tsang on Thursday after summoning six witnesses and presenting three sets of admitted facts plus six video recordings of the night’s events.

Principal magistrate Peter Law Tak-chuen was told that Tsang poured liquid that smelled like urine over 11 police officers who were clearing protesters from Lung Wo Road underpass in Admiralty when the incident took place on October 15, 2014.

He was also told that Tsang resisted arrest by four police officers following the alleged police assault.

Tsang, 40, has denied one count of police assault and four of resisting arrest.

His medical report from Ruttonjee Hospital, taken soon after the alleged offences, was filed in the third set of admitted facts, with Leung stating: “The circumstances of how someone suffered certain injuries are not the basis of admitted facts.”

Earlier in the day, senior inspector Wat Chin-cheuk testified that he heard people shouting “don’t kick” before he turned to see four colleagues struggling with a man clad in black on the ground on the night in question.

But Wat could not recall their exact body positions or what they were doing, except that they were not standing.

He added that he later helped handcuff the man before he was taken away.

The trial continues.

http://www.scmp.com/news/hong-kong/law-crime/article/1941501/court-rules-occupy-activist-ken-tsang-must-answer-charges