A High Court judge said she could not agree with the suggestion that a woman could not use her breasts to assault a police officer, Apple Daily reports.
But the Honourable Mrs. Justice Barnes of the Court of First Instance did note the case has stirred up great controversy.
She was speaking during the hearing of an appeal by four activists who were found guilty last July of assaulting police officers and obstructing them from carrying out their duties during a protest against mainland parallel traders in Yuen Long.
Among the appellants was Ng Lai-ying, who was sentenced to a jail term of three months and 15 days for assaulting a police officer with her breasts.
The case was widely covered, even by international media, and the ruling triggered a protest where activists displayed bras.
During the hearing, Ng’s attorney agreed that any body part could be used as a weapon, but it is far more damaging for law enforcers to exaggerate and manipulate evidence.
Mrs. Justice Barnes said she has read some news reports that suggested that Ng was indecently assaulted but she was sent behind bars for assaulting police officers.
She said this was a matter of holding different points of view, and that the indecent assault, as charged by Ng, was the hand of a police officer touching her breasts while it was entangled with her backpack.
She said the incident was not an ordinary protest march, but rather a confrontation between two sides.
The actions taken by the four defendants to obstruct the police officers in broad daylight only made their offences more serious.
Anna Lai Yuen-kee, senior assistant director of public prosecutions at the Department of Justice, said she does not believe the police officer in question, Chief Inspector Chan Ka-po, would attempt an indecent assault on Ng under the watchful eyes of people around him.
Lai said Ng appeared to have deliberately pressed her breasts on Chan and yelled that she was indecently assaulted.
Apart from Ng, a 14-year-old student was sentenced to a rehabilitation center, while Ng’s boyfriend, 21, was given a detention center order and a 22-year-old male was handed a jail term of five months and one week.
All four of them have lodged an appeal and were allowed to go on bail.
Mrs. Justice Barnes has reserved judgment on the appeal.
Woman jailed for 3.5 months for attacking police with breasts (July 30, 2015)
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