The court gave the officer permission to appeal against his conviction and sentence. Photo: RTHK
One of the policemen convicted of beating up Occupy protester Ken Tsang has been given permission to appeal against both his conviction and prison sentence.
Senior Inspector Lau Cheuk-ngai was among seven officers jailed for two years over the incident that occurred in October 2014.
The senior inspector’s lawyer argued that the trial judge had made a legal mistake when it came to the amount of proof required that alleged video footage of the incident was genuine. The judge had said that if a jury would believe the footage was authentic, that was enough to prove the matter beyond reasonable doubt.
The Court of Appeal said this can be challenged because it is a matter of law. But the other grounds put forward for appealing against the conviction were all rejected.
As to Lau’s objections against his sentence, the court said all his grounds were reasonably arguable. Lau said it was wrong for the court to adopt a starting point of 30 months in jail – and that the judge inappropriately considered the case’s purported damage to Hong Kong’s and the police force’s reputation.
Lau is the second officer in the case to be allowed to appeal, after chief inspector Wong Cho-shing. All seven are out on bail.