Judge makes rookie mistake in sentencing

A senior magistrate yesterday said she needed to review a sentence she herself handed down after making a mistake by giving a suspended jail sentence to an online reporter for resisting a police officer.

Ada Yim Shun-yee, principal magistrate at Kowloon City magistrates' courts, said she mistakenly thought the sentence could be suspended.

Ho Ka-yan, 27, a reporter for online media outlet Ben Yu Entertainment, was convicted of resisting a police officer in the due execution of her duty when she was arrested inside a public toilet on Sai Yee Street while covering a protest in Mong Kok last May 11.

Yim initially handed down a four-week jail term suspended for two years yesterday, but retracted the sentence two hours later, saying Ho should not be given a suspended jail sentence.

"[My original sentencing] was wrong. I must review myself," Yim said, adjourning the case to July 17. Ho was released on bail.

The court heard that Ho took photos at the toilet when a female police officer, Lau, escorted two people arrested to the ladies' washroom.

When Lau stopped Ho, she pushed Lau's hand away. Three male officers then came to the scene, and one of them pepper-sprayed Ho.

Ho complained that officers put a knee on her neck to restrain her, pepper-sprayed her at close range and kicked her in the back, causing her to fall unconscious and suffer from incontinence.

Yim yesterday said Ho "obviously obstructed" Lau from carrying out her duties because she pushed Lau's hand away and tried to flee the scene. She added that Ho did not show her press pass or identified herself as a reporter to Lau.

But Yim said the officers should not have pepper-sprayed her because she was not resisting strongly. Although Ho's forehead hit the ground when she tried to stand up, Yim added that this could have occurred as a result of her being emotionally unstable at the time.

Ho said outside court yesterday that she disagreed with the judgment and would consider whether she would appeal.She added that her mental status deteriorated after the incident and it was ridiculous to be arrested when covering the news.

Tsuen Wan district councilor Angus Yick Shing-chung, who accompanied Ho to the court, said he was disappointed at Ho's conviction.

The court mainly relied on testimony from police officers, and the case would impact online media outlets, he added.