Magistrate says the common assault case is different from simpler incidents and imprisonment is therefore appropriate
JASMINE.SIU@SCMP.COM
UPDATED : Tuesday, 19 April, 2016, 6:01pm
Defendants Yip Wing-chi (left) and Chan Kwok-hung leave Eastern Court at an earlier hearing. Photo: K. Y. Cheng
Two men, including a restaurant owner who claimed he hated the Occupy movement because of its effect on his teenage son, face jail time after they were convicted by Eastern Court of throwing animal entrails at media mogul Jimmy Lai Chee-ying at the Admiralty site in November 2014.
Magistrate Lee Siu-ho said it was without question that such behaviour amounted to common assault.
“This case of common assault is different from simpler cases in which the victim was merely touched once or twice,” the magistrate said.
“The court at this moment believes imprisonment is appropriate and will actively consider imprisoning the defendants.”
Sentencing was adjourned until May 3 pending background reports on the defendants.
The case centred on an incident that took place at about 4.30pm on November 12, 2014 when Lai, who owns the Apple Daily newspaper, was about to leave a tent on Harcourt Road in Admiralty.
Lai, 67, testified that four to five bags of entrails were thrown at him after he heard someone call his name and shout foul language.
The court also heard that several protesters chased Lai’s alleged attackers, which left at least two site marshals injured.
Kitchen employee Chan Kwok-hung, 31, and businessman Li Siu-lung, 46, had previously denied one count of common assault over the throwing of animal entrails. Their co-defendant, restaurant owner Yip Wing-chi, 44, pleaded guilty to the same charge.
Yip denied one other count of common assault on site marshal Alex Kwok Siu-kit, while Chan denied two assault charges involving Kwok and another marshal, Ricky Or Yiu-lam.
The defendants were convicted of all charges except one against Chan, who was cleared of common assault over the entrails incident as the court could not be sure that he had the intention to assault Lai with Yip.
Defence counsel Francis Cheng said in mitigation that Yip was not a man of strong political views.
“But he absolutely hated the umbrella movement because, ironically, his son had participated with enthusiasm,” Cheng said. “[Yip] felt the entire incident was instigated by [Lai].”
Cheng further suggested that his client was only looking for his son at the site along with Chan.
But the magistrate expressed reservations about the claim, saying: “As you said, he intentionally brought several bags of animal entrails to launch the attack on Lai’s tent.”
Another defence counsel, Kenneth Ho King-man, said his client, Li, conducted the attack because he had different views from the occupiers.
All three men had past convictions in cases involving violence.
http://m.scmp.com/news/hong-kong/law-crime/article/1937122/two-men-face-jail-throwing-entrails-media-tycoon-jimmy-lai
