Hong Kong protests: jobless man who bit off ex-politician’s ear and attacked 3 others has jail term cut by 6 months to 14 years
A jobless man has had his sentence cut by six months upon a partially successful appeal on his level of culpability for a drunken assault on a former district councillor and three others during Hong Kong’s anti-government protests in 2019.
The Court of Appeal on Wednesday reduced former businessman Joe Chen’s jail sentence to 14 years in light of the “sincerity” the 53-year-old showed in paying a total of HK$3.93 million (US$502,494) in compensation to his victims.
Mr Justice Derek Pang Wai-cheong in a written judgment said the restitution made by the accused was “a large sum that was not seen very often”, adding the impact on Chen’s family could not be written off as insignificant as he had to raise money by selling their home.
“An accused who is sued and even loses [a civil claim] can do whatever it takes to delay execution [of a court’s order for compensation]. Not only did the appellant not take such a course of action, [he] made substantial arrangements for compensation before the trial of the present case started,” the judge wrote.
“This shows his sincerity, and to a considerable extent, his conduct has also largely saved the four victims from the agony they otherwise have to endure in claiming civil liabilities.”
However, the court dismissed other grounds of appeal, including complaints about the trial judge’s failure to calibrate the sentence against similar precedents, and Chen’s “positive good character” as reflected in his consent to donate his body for research after his death.
A High Court jury convicted Chen of three counts of wounding with intent and one of common assault over the incidents outside the Cityplaza shopping centre in Quarry Bay on November 3, 2019.
He attacked Louis Wan Ho-lun and his wife Leung Pik-kei with a fruit knife before beating her cousin Leung Ying-ying to the ground during a peaceful protest at the mall.
Chen also bit off part of the left ear of Andrew Chiu Ka-yin, who was then an Eastern district councillor, after the latter came to the group’s aid and tried to stop the assailant from charging towards the crowd behind him.
Chen’s lawyers presented a range of defences during the trial – from provocation and self-defence to insanity – but failed to convince the seven-member jury he had no intention to inflict grievous bodily harm on his victims.
The attack left Wan in critical condition, having sustained multiple injuries across his upper body, including to his back, left shoulder, neck and the area around his navel. His wife also suffered several stab wounds to her back.
The damage done to Chiu’s ear proved to be permanent, as doctors were unable to reattach the bitten part due to poor blood flow and were forced to replace it with a prosthetic.
The Court of Appeal heard the defendant compensated Chiu with a total of HK$1.9 million in June 2021, five months before the trial began.
Wan, his wife and her cousin received from Chen HK$1 million, HK$750,000 and HK$280,000 in compensation respectively in August 2022.
Separately, six men have been charged for rioting and assaulting Chen during the November 3 incident.
The District Court is expected to deliver a verdict in July on two of the accused who denied the allegations before passing sentence on the remaining defendants who pleaded guilty.
Former district councillor Chiu is among 47 people charged over their roles in an unofficial legislative primary election in July 2020. He is awaiting sentence behind bars after testifying against his former comrades in a national security trial.
