Hong Kong taxi driver died from ‘unlawful killing' after alleged police chokehold, jury rules

HKFP

7 days ago

A Hong Kong Coroner's Court jury has ruled that the death of a taxi driver – who became paralysed after an alleged chokehold at the hands of an officer during his arrest in November 2012 – was the result of an 'unlawful killing.'
The verdict concerning the death of late taxi driver Chan Fai-wong was reached by a five-member jury on Thursday after an inquest that lasted nearly two months, local media reported.
Chan's death was already ruled by a jury as an unlawful killing in 2018, but the verdict was overturned in 2022 after a legal challenge by police officer Lam Wai-wing.
Lam was involved in Chan's arrest, which followed a scuffle with two passengers at the Western Harbour Crossing tunnel more than 10 years ago. His arm came into contact with Chan's neck while arresting the driver.
Local media reported that the jury concluded on Thursday that the incident amounted to misconduct by the police officer. The jury recommended installing cameras capable of recording both video and audio inside police vehicles to help protect public safety.
According to a previous court judgment, the contact between Chan and Lam took place when Chan resisted arrest. Officers then handcuffed him by force and carried him onto the police vehicle, and he was later sent to Queen Elizabeth Hospital by an ambulance.
The taxi driver became tetraplegic – loss of function in the limbs due to a spinal cord injury – as his condition deteriorated at the hospital. Two days after the arrest, MRI scans revealed that Chan had serious neck injuries, including dislocated joints and pressure on his spinal cord, which caused swelling.
He eventually succumbed to a lung infection on December 12, 2012, around a month after the arrest.
In the 2018 inquest, the jury was asked to determine whether Lam had injured Chan's central nervous system, rendering him bedridden and leading to complications that ultimately caused his death. They were also asked to consider whether Lam's actions were intentional.
The jury ultimately ruled Chan's death as an unlawful killing, rejecting other possible verdicts such as death by misadventure, accident, natural causes, or an open verdict.
In a statement released after Thursday's ruling, Chan's family called on the police force, the Department of Justice (DoJ), and the officer involved to 'face the issue,' noting that the Coroner's Court jury has twice ruled Chan's death to be the result of unlawful killing.
Chan's family also questioned whether the DoJ would relaunch a criminal investigation into the case. Lam has never been prosecuted.
'The relevant authorities have a responsibility to explain to the public issues such as the use of dangerous actions during law enforcement that result in death, and the criminal liability of public officers,' the statement in Chinese read.
'The family has endured 13 years of anguish and sincerely urges the authorities to uphold justice for the people.'