DCCC 515/2024 & 702/2025

[2025] HKDC 1457

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NOS. 515 OF 2024 AND 702 OF 2025

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REASONS FOR VERDICT

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1. There are 3 defendants in this case who are jointly charged with one count of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap. 212 . D3 pleaded guilty to the charge while D1 and D2 pleaded not guilty, so only D1 and D2 stood trial in this matter.

2. Needless to say, D3’s plea has no bearing on the innocence or guilt of either D1 or D2. In this trial, the prosecution has to prove beyond reasonable doubt that D1, and likewise, D2, is guilty before any conviction can be entered against any of them. The case of each defendant is to be considered separately.

THE PROSECUTION CASE

(1) Overview

3. The prosecution case in summary is that on 23 April 2023, at LRT Hong Lok Road Station (“Hong Lok Station”) and its vicinity, Castle Peak Road, Yuen Long, SUNWAR Nabin (“PW1”) was attacked by a group of men, resulting in PW1 sustaining injuries to various parts of his body.

4. At trial, the prosecution only called PW1 to testify.

5. The injuries of PW1 were agreed by way of admitted facts.

6. D1 and D2 were arrested on 19 June 2023 and 11 August 2023 respectively and they both remained silent under caution. PW1 positively identified D1 and D2 in the identification parade respectively held on 23 June 2023 and 18 August 2023.

7. The defence initially indicated their challenge to the admissibility of both identification parades on the basis that they were conducted in a way that was unfair to the defendants. However, such objections were subsequently withdrawn after PW1 had testified and before the close of the prosecution’s case. The admissibility of such was, therefore, no longer in issue.

(2) The 1 ^st part of the attack

8. PW1, now aged 28, was born in Nepal. He came with his parents to settle in Hong Kong in 2012. He is a construction worker.

9. On 23 April 2023, PW1 went to a bar in Yuen Long for a drink. At around 8:30 p.m. he was on the stairs of the building leading up to the bar and a group of about 5 to 6 men surrounded him. They were all wearing masks and most of them were holding knives.

10. When PW1 came down the stairs onto the road, the men followed him and pointed at him saying “that’s the one, that’s the one”. The men then attacked PW1 with knives and stabbed him on his thighs and arms. PW1 could only recognize 2 or 3 of the men in the group, including one he said to be D2.

11. PW1 tried to make escape and headed towards Hong Lok