DSS 22603 Legal Procedure

Scenario 3

HKSAR v Chi Ming Lam

Chi Ming Lam makes his first appearance in Fanling Magistrates' Courts today.

Chi Ming Lam is charged with wounding with intent contrary to s17 (a) OAPO.

Prosecution brief facts

Ten days ago on 30 March 2019 at approximately 2 pm, prosecution allege Lam assaulted David Ho with a baseball bat on the housing estate where they both live in Yuen Long. The injured party is presently in a coma, and the medical prognosis is unclear. A witness Fai Wong who police believe is a friend of David Ho and who also knows the accused, has identified Chi Ming Lam as the person who assaulted his friend David.

Fai Wong (PW1) has given a statement to the police. In that statement he states that both men were arguing and suddenly Chi Ming Lam produced a baseball bat from under his jacket and knocked David to the ground, where he lay unconscious. An independent witness (PW2) has also provided a similar statement as to the identification of Chi Ming Lam and indicates he saw him running away from the scene.

Police officers finally arrested Lam (he had been staying with a friend in Kowloon to avoid detection) on Sunday 7 April 2019 and he was conveyed to Fanling police station where under caution in interview he admitted striking the victim but said he was acting in self defence. At the end of the interview he was again cautioned and charged with the s17 (a) offence.

Chi Ming Lam is also presently on conditional bail for an offence of assaulting a PC in the execution of his duty, committed one month ago. The magistrate at Eastern two weeks ago imposed a condition of reporting to the police station on a weekly basis and a condition of residence. He has abided by those conditions.

He is due to appear again on this assault matter for trial in two weeks time.

Lam has 5 previous convictions including one of criminal damage, three of theft and one of driving whilst disqualified. His last conviction was six years ago and he has never served a custodial sentence.

Bail

The prosecution will seek an adjournment in order to get an updated medical report on the victim in order to determine whether further charges may be brought. A remand in custody is sought on the grounds of failure to surrender (seriousness of offence and likely sentence) and likely interference with witnesses (PW1 Fai Wong)

Defence

Insofar as the current s17(a) OAPO offence is concerned he indicates that he was acting in self defence because David Ho pulled out a meat chopper first, whilst they were arguing. He says he was terrified and reacted because he thought he was about to be seriously injured. He indicated this in his interview to police on 7 April 2019 when he was arrested. He will plead not guilty to the s17(a) offence.

As for the assaulting the police officer offence , it is understood that the prosecution will agree to reduce the charge to common assault under s40 OAPO if Chi Ming Lam will plead guilty. He intends to do so and is very remorseful over this offence which he says occurred when police officers came to arrest him whilst he was arguing with his wife. He pushed the policeman only, but says he did not intend any real harm. He was just in an emotional state.

Chi Ming Lam has no previous offences of violence recorded against him.

Chi Ming Lam has separated from his wife and he now lives with his mother. His mother is helping him to attempt a reconciliation with his wife. Unfortunately he has recently been made redundant from his work as a chef in Central, where he had been employed for 10 years. He has some savings of $25,000.

Chi Ming Lam wishes you to make an application for bail for him today, when he makes his first appearance in the Fanling Magistrates' Courts.

It is believed his mother will be at Court today in order to act as surety for the Defendant in the sum of HK $50,000.