Activists acquitted of assaulting and obstructing policeLocal | 16 Sep 2020 8:18 pm
A Hong Kong activist known as the “female village leader of Occupy Mong Kok” was acquitted of assaulting a female security guard at Princess Margaret Hospital in July last year.
Amy Pat Wai-fan, 24, was found not guilty of two counts of common assault and obstructing a police officer in the due execution of his duty in West Kowloon Magistrates’ Courts today.
But she still needs to stay behind bars, as she had been jailed 46 months last November for rioting in Mong Kok back in 2016.
A year earlier, Pat went to the Princess Margaret Hospital with a friend and requested hospital staff to issue a certificate stating that she could undergo a hunger strike. After being rejected, Pat allegedly hit a female security Kwong Yim-ping in a fit of rage and refused to present her ID card when requested by the police at the scene.
Magistrate Lam Tsz-kan ruled that Pat was not guilty on both counts as Kwong said Pat did not hit on her face at all. He also believed Pat, who has an intellectual disability, may not have sufficient cognitive and operational capability to deliberately obstruct police officers from performing their duties.
The magistrate added that the incident would not become so severe if others can be “more tolerant and more patient to listen” to the defendant.
Earlier on Monday, two security guard’s supervisors testified that Pat had punched Kwong on the left lower jaw. But Kwong herself told the court that Pat only touched her clothes and did not injure her.
Lam accepted Kwong’s testimony and said the two supervisors might not see the defendant’s movement as the incident happened so quickly. Therefore, Lam believed that Pat might hit Kwong by accident instead of assaulting on purpose.
Lam also accepted the testimony by psychiatrist Willy Wong Chung-hin’s testimony, who had diagnosed Pat with mild intellectual disability, a rare organic brain syndrome and epilepsy and said she might not be able to understand police instruction because of her illness.
He agreed that Pat was easily distracted. Pat could not process police orders as officers were constantly giving instructions and she was focusing on obtaining the medical certificate for hunger strike at the moment, Lam said.
Lam also mentioned that Pat did not directly refuse when an officer asked her to show her ID card, instead, she angrily shouted, “Corrupt cops, don’t take to me!” He believed Pat’s behavior only showed her aversion to the police, and it did not mean that she understood the police order but chose to violate it intentionally.