section 20 of the OAPA

[kurtz852]

Hey guys, Recently (Late march) I was in Hong Kong (common law practice) and I was intentionally attacked by 3 individuals without any provocation, during the fight one of the attackers was injured in the neck (cut near his adams apple) due to broken bottles on the floor; I was overpowered by the remaining 2 attackers and eventually the police came and arrested me. Since which point they have thought of the other person injured as the victim; even though I gave them medical evidence saying due to the victim I have lost partial hearing in my left ear.
Anyways, the police have charged me with S20 OAPA (S19 in Hong Kong), my question is would it be likely that I could get a suspended sentence in regards to the following facts?:

1) The soo called victim is a repeated offender in similar situation (he was acquitted)

2) All 3 of the attackers are over the age of 21, where as I am 19 years of age. (I am classed as a young offender because of the fact that I am not 21 yet)

3) I have never had a criminal conviction

4) In the preliminary hearing in the magistrates court, we (solicitor and me) looked at the brief of the prosecution in which the "Victim" had refused to give medical evidence regarding his injures and simply stated he had to get 14 stitches.

5) The police have not yet given us all the documents of the prosecution as so we can form a defence and my mention date is set at the 16th of June.

6) The police disregarded my friend's statement, where as they have taken the "Victim's" friend's who were involved, as independent eye witness.

7) (Ironically) I am a Law student in a prestigious university and Hoping to become a barrister.

[kurtz852]

To Ron M: As far as we know, (Information is very limited at our part as the police have not given any prosecution documents to us) the prosecution claims that I bottled the person in the neck hence his injuries, albeit unknowingly since it is under section 20.

As mentioned above he has refused to give medical evidence to the police or the prosecution (as far as I know) and claimed that the injury was "life threatening" (Victim's words) even though there is picture evidence that he was out the next day getting drunk at the rugby sevens.

[Mr Veritas]

I am not sure that anyone on AB (a UK site) is qualified to advise you on Hong Kong law?
However,given the breadth of knowledge on AB it may be possible!
Just don't hold your breath.

Surely if you are a Law Student at University,one of your tutors might be able to advise you?

[kurtz852]

Mr. Veritas: Hong Kong Law is pretty much 98% identical to uk law as HK was a colony of the UK up until say 10 years back, the only deference in criminal law in the case of HK would be the clasification of people under the age of 21 as young offender, I believe that there is no such structure over here, furthermore people have told me (not yet verified) that young offenders are less likely to go to prison, but I am not sure of that.

The reason I have not asked my tutors, is due to the fact that I am cautious of their reaction, I am sure that you are aware that you cannot be a legal advocate with a criminal record, thus if worst comes to worse and I do get one, its better if people over here do not know about it.