The Devil Teacher
Miss Wong was described as a “devil teacher” by her students. How much of a “devil” is she? Does her “devilish” behaviour indeed break the law?
The Wrong Way to Fight Against Bullying
Ho Yin, a small and weak boy, was often bullied by his classmate, Chi Chung and his peers. Ho Yin became sick of being bullied and tried to defend himself, but the method he used was wrong.
Unjust retaliation
Sin Yan, a Form 3 student, is one of the top students in her class, but she is often bullied by Chi Chung and his peers at school. One day, Chi Chung threatened Sin Yan to force her to help him cheat on a test, but Sin Yan did not do it. What revenge will she face?
Mandatory Helping Hand
Sze Man, a Form 4 student, always picked on Ka Ka, a Form 1 student. Sze Man asked Ka Ka to give her some money and a birthday present, but Ka Ka kept refusing Sze Man’s requests, what would happen to Ka Ka?
The Triads
Tsz Kit and his girlfriend were chatting in a park late at night. Some gang members were in the park, too. What might happen?
Brian and Chi went to Lan Kwai Fong one night to have a good time with their girlfriends. Dragon and his friend Hung Chi had been drinking and were hanging around on the street. Dragon decided to hit on (try to flirt with) Brian’s girlfriend. A dispute broke out and led to a street fight between the two young men…
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What crimes have they committed?
Brian:
By fighting in the park Brian and Dragon are taking part in an unlawful fight in public contrary to Section 25 of the Public Order Ordinance (Chapter 245). They have both agreed to fight with each other to resolve their differences. It does not matter how the fighting came about provided there is in fact a fight and an equality of aggression between Brian and Dragon.
As Dragon has been seriously injured, Brian could face a charge of wounding or inflicting grievous bodily harm contrary to Section 19 of the Offences Against the Person Ordinance (Chapter 212) or a charge of wounding and causing grievous bodily harm with the necessary intent contrary to Section 17 of the Offences Against the Person Ordinance (Chapter 212). The fight itself is unlawful. It might be argued that Brian deliberately provoked the fight by his remarks, intending to use his martial arts skills to inflict serious harm upon Dragon. If that is the case a Section 17 of the Offences Against the Person Ordinance (Chapter 212) charge would be more appropriate than a charge under Section 19 of the Offences Against the Person Ordinance (Chapter 212).
Chi:
By acting as a lookout whilst Brian and Dragon are fighting in the park, Chi is aiding and abetting that fighting. Though he is not physically part of the fight he has joined in the common purpose of Brian and Dragon to fight with each other. He is present, knows what is going on and, with that knowledge is providing direct support and encouragement for Brian and Dragon. Section 89 of the Criminal Procedure Ordinance (Chapter 221) states that a person who aids and abets the commission of an offence by another person shall be guilty of the like offence: in Chi’s case that is fighting in a public place contrary to Section 25 of the Public Order Ordinance (Chapter 245).
By fighting with Hung Chai, Chi may also have taken part in a separate unlawful fight in public contrary to Section 25 of the Public Order Ordinance (Chapter 245). Though he originally came to the aid of Betty when she was slapped by Hung Chai, the two of them continued to fight with each other. If there is an equality of aggression between them, a charge under Section 25 of the Public Order Ordinance (Chapter 245) is appropriate.
Dragon:
He has taken part in the unlawful fight with Brian in public contrary to Section 25 of the Public Order Ordinance (Chapter 245).
Hung Chai:
Hung Chai is actively encouraging the unlawful fight between Brian and Dragon. Like Chi he is aiding and abetting an unlawful fight in public contrary to Section 25 of the Public Order Ordinance (Chapter 245).
Hung Chai could face a charge of common assault contrary to Section 40 of the Offences Against the Person Ordinance (Chapter 212) because he slapped Betty’s face. He had no lawful authority to do that. If his slap caused bodily harm to Betty the correct charge would be “assault occasioning actual bodily harm” contrary to Section 39 of the Offences Against the Person Ordinance (Chapter 212).
By fighting with Chi, Hung Chai may also have taken part in a separate unlawful fight in public, contrary to Section 25 of the Public Order Ordinance (Chapter 245).
Betty:
By acting as a lookout and by cheering on Brian, Betty is aiding and abetting the unlawful fight between Brian and Dragon. She is in the same position in that respect as Chi. It may be argued that she ceased to support the fighting when she called the police and that this indicates a withdrawal from the common purpose of fighting. However that withdrawal does not affect or undo her previous active support of the fighting.
Cindy:
By acting as a lookout, Cindy is in the same position in that respect as Chi and Betty. She is aiding and abetting the unlawful fight between Brian and Dragon.
Like Betty she has arguably withdrawn from the common enterprise by calling the police but that withdrawal does not affect or undo her previous active support for the fighting between Brian and Dragon.
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Brian has a black belt in Taekwondo. Does that make his crime more serious? How would the extent of Dragon’s injury affect the offence(s) with which Brian might be charged?
If when he provoked Dragon to fight with him, Brian intended to use his martial arts skills to cause serious harm, this would support a charge of “wounding and inflicting grievous bodily harm with intent” contrary to Section 17 of the Offences Against the Person Ordinance (Chapter 212). As Dragon has suffered actual bodily harm, a charge of “assault occasioning actual bodily harm” contrary to Section 39 of the Offences Against the Person Ordinance (Chapter 212) could be brought. However as Dragon’s injuries are serious a charge under either Section 19, “wounding and inflicting grievous bodily harm”, or Section 17, “wounding and causing grievous bodily harm with intent”, of the Offences Against the Person Ordinance (Chapter 212) would be more appropriate.
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Chi told the police that he only fought back when he was attacked. It was merely self-defence. Would that be a valid defence?
It is not unlawful to use force in self defence. Chi was attacked by Hung Chai when he tried to stop Hung Chai from slapping Betty. However the use of force in self defence must be no more than is necessary for self defence in the circumstances as Chi believed them to be. If however what started out as self defence develops into a situation where Chi is just as much the aggressor as Hung Chai, self defence no longer applies and there is an unlawful fight in public contrary to Section 25 of the Public Order Ordinance (Chapter 245).
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Chi also said that although he intended to hit Hung Chai, he only hit the air. Has he committed any offence?
If there is an equality of aggression between Chi and Hung Chai so that both are aiming blows at the other, there would be a fight even though some or all of the blows miss their intended target. A charge of fighting in public contrary to Section 25 of the Public Order Ordinance (Chapter 245) is appropriate.