[Sai Wan Ho shooting case] Wu Tsz-kin jailed six years for attempting to seize police officer’s gun; appeal dismissed as intent to seize was clear
【西灣河開槍案】胡子鍵搶槍罪成囚6年 上訴遭官駁回：搶奪意圖清晰
On 11 November 2019, the male student “Patrick Chow Pak-kwan” Patrick Chow Pak-kwan, who was shot and wounded by police in Sai Wan Ho, and his secondary-school classmate Wu Tsz-kin were convicted after trial of attempted robbery, obstructing a police officer in the execution of duty, and escaping from lawful custody, and were each sentenced to six years’ imprisonment. The two earlier appealed against their convictions and sentences. Zhou subsequently abandoned his appeal, while Wu’s appeals against his conviction and sentence for attempted robbery were both dismissed. The Court of Appeal handed down its judgment yesterday (the 7th), saying the trial judge’s analysis was logical and reasonable, and that the overall evidence showed that Wu’s intention to seize the gun was very clear. The Court of Appeal said Wu had chosen not to give evidence at trial, so there was no evidence to support whether he had merely intended to “push away” the police gun at the time. The trial judge had also stated that if Wu was afraid the police gun would endanger his safety, he could have chosen to leave. The case was heard by Court of Appeal judges Patrick Cheung Wai-cheong, Carlye Pang Man-ki and Maggie Poon Po-ying. At trial, Judge Adriana Noelle Tse Ching convicted Wu Tsz-kin of attempted robbery and obstructing a police officer in the execution of duty. Wu appealed against his conviction and sentence for attempted robbery.
2019年11月11日西灣河遭警員開槍射傷的男學生「熊仔餅」周柏均，以及中學同學胡子鍵被指企圖搶警槍，經審訊被裁定企圖搶劫、阻差辦公及在合法羈押下逃脫罪成，各被判囚6年。二人早前不服定罪及刑罰，提出上訴，其後周放棄上訴，至於胡就「企圖搶劫」罪的定罪及刑罰上訴均遭駁回。上訴庭昨（7日）頒下判詞，指原審法官的分析合乎邏輯情理，整體證據所顯示胡的搶奪意圖甚為清晰。上訴庭指，胡在審訊時選擇不作供，故沒有證據支持他當時是否只是想「推開」警槍。而原審法官亦表明，假如胡害怕警槍會危害其安全，可選擇離開。 案件由上訴庭法官彭偉昌、潘敏琦及彭寶琴審理。於原審時，胡子鍵被法官謝沈智慧裁定企圖搶劫及阻差辦公罪成，胡就企圖搶劫罪提出定罪及刑罰上訴。