Chow Pak-kwan, who was injured by police live round during the 2019 extradition bill protests, has decided not to challenge his conviction and a six-year jail term for attempting to snatch the officer’s gun.
Chow confirmed with Justice of Appeal Derek Pang on Tuesday that he had decided to withdraw his bid to appeal. He was found guilty and jailed in 2022 for obstructing a police officer, attempted robbery and for an attempt to escape from lawful custody on November 11, 2019, when the he was shot by a policeman in Sai Wan Ho.
He later filed an appeal together with his co-defendant Woo Tsz-kin, who was also jailed for six years, against their conviction and sentencing in December 2022.
The Court of Appeal on Tuesday was set to hear applications for a bid to appeal by Chow and Woo. But Chow’s lawyer informed the court that his client would no longer pursue the matter after the hearing began.
Pang told Chow that he could not reapply for an appeal in the future and asked if he was certain about his decision, to which Chow said “yes.”
The then-21-year-old student was among a group of protesters who gathered in a residential district on Hong Kong Island in response to calls for a city-wide strike. Some demonstrators scattered objects on the roads to block vehicles from moving.
‘Self-inflicted’ injuries
A video captured by a digital media outlet showed a police officer, who was subduing another protester, shooting a man dressed from head to toe in black – Chow – at close range. Chow suffered from serious liver, kidney and spine injuries and had undergone multiple surgeries, his lawyer told the District Court during his trial in 2022.
The trial judge Adriana Noelle Tse Ching said at the time that Chow’s claim of facing “potential life-threatening danger” was “exaggerated,” intentionally “misleading” the court.
She also described the injuries sustained by Chow and Woo as “self-inflicted.”
Appeal passed to full panel
Woo confirmed with Pang on Tuesday that he would only appeal his conviction and sentence for the attempted robbery offence and the obstructing police offence would remain unchallenged.
The video recorded by the online outlet was played in court, as Pang asked Woo’s lawyer to identify the appellant and other relevant individuals.
Without granting leave to appeal to Woo, Pang said he would let a full appeal panel – consisting of three justices – to hear his case. The move did not indicate the court was siding with Woo, Pang said.
A date for the hearing will be announced later, Pang added.
Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.”
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