Coroner's Court Inquest into the Death of Chow Tak-ming

Coroner's Court Inquest into the Death of Chow Tak-ming

In late 2020, the Coroner's Court conducted a detailed inquest into the death of a man identified as Chow, who fell from a height at a car park in the Sheung Tak Estate. The proceedings, which began on November 16, 2020, involved a jury reviewing 48 witness testimonies and 142 pieces of evidence to determine the circumstances surrounding the incident.

Key Facts

  • Cause of Death: Head injury resulting from a fall from a height of 4.3 metres.
  • Timing: Forensic evidence and security footage pinpointed the fall at 01:01:48.
  • Verdict: The jury returned an open verdict by a four-to-one majority.
  • Medical Findings: No evidence of tear gas inhalation, pepper spray, or physical assault was found.
  • Location: The incident occurred on the third floor of a car park, which lacked the pavements found on the second floor.

The Incident and Site Layout

The court examined the architectural differences between the floors of the car park. While the second floor featured pavements separated from parking spaces by short concrete walls, the third floor had taller walls and no pavements behind them. Testimony from Chow's father, Chow Tak-ming, indicated that the location of the fall was an area seldom used by their family.

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Timeline and Video Evidence

Investigators reviewed footage from over 30 cameras owned by Link REIT. Initially, police asserted that they entered the car park after the estimated time of the fall, ruling out police involvement in pushing the victim. A critical piece of evidence was a "flash" of light captured at 01:01:47, which experts believe was light reflecting off Chow as he fell.

Additional footage from the nearby Kwong Ming Court residential complex showed a shadow descending at 00:51:37. Although the timestamp was inaccurate, subsequent forensic analysis synchronized this with the car park footage, confirming the precise time of the fall as 01:01:48.

Police and Emergency Response

The incident occurred during a period of civil unrest between November 3 and 4, 2019, when protesters had barricaded roads near the Sheung Tak Estate. Senior Inspector Wong Ka-lun testified that his team was conducting a sweep of the car park to clear threats from violent protesters who were hurling objects at officers.

The Fire Services Department reported significant delays in reaching the victim. Firefighter Lai Wai-kit noted that roadblocks created by protesters forced fire engines to make U-turns. Similarly, Senior Ambulanceman Cheng Kwun-ming stated that an illegally parked vehicle at Kwong Ying House forced his team to carry a stretcher over 100 metres on foot, estimating that they could have arrived 10 minutes earlier without these obstructions.

Witness Accounts

Mung Wai-kit, the citizen who discovered Chow at approximately 01:03, reported seeing no one chasing others and smelling no tear gas. Another resident, Tsui Ka-long, observed Chow from the third floor and suggested that the layout of the wall made it unlikely for someone to simply lose their balance if they were standing normally.

Medical and Forensic Analysis

Medical professionals provided conflicting views on the nature of the fall. Neurosurgeon Calvin Mak estimated a very low probability of survival upon admission, noting that injuries were consistent with a 4.3-metre fall. While Dr. Ray Leung suggested the lack of certain hand bruises might indicate unconsciousness before the fall, forensic doctor Philip Beh countered that small palm bruises were present, though they were non-fatal and omitted from some hospital reports.

Forensic pathologist Kwok Ka-kei performed the autopsy and found a coup injury (injury at the site of impact) on the right side of the brain and a contrecoup injury (injury on the opposite side) on the left. This pattern is characteristic of a moving head hitting a hard surface, such as a fall, rather than a stationary head being hit by a weapon.

Toxicology and Physical Evidence

Clinical toxicologist Tse Man-li concluded that tear gas did not contribute to the death. No traces of cyanide or pepper spray were found in blood or body fluid samples. Furthermore, the horizontal distance of 1.3 metres between the wall and the body suggested the fall was not a result of being thrown.

Summary of Forensic and Medical Findings
Category Finding Conclusion
Brain Injury Coup and Contrecoup injuries Consistent with fall from height
Toxicology No cyanide or pepper spray No tear gas intoxication
Physical Trauma Fractured pelvis and skull base Consistent with 4.3m fall
External Evidence No DNA under fingernails; no gunshot wounds No evidence of physical assault

Final Verdict

Government chemist Cheng Yuk-ki presented a virtual reality animation showing that the similar layouts of the second and third floors could lead to confusion. He argued that the eight-second window between Chow being seen on camera and the fall was too short for an ambush to occur without being detected by rotating cameras.

Despite the evidence, the jury was unable to reach a definitive conclusion regarding the cause of the fall, resulting in an open verdict. However, they unanimously agreed that the cause of death was the head injury sustained from the fall.

Frequently Asked Questions

What was the final verdict of the Coroner's Court?

The jury returned an open verdict, meaning they could not determine the exact circumstances that led to the death, although they confirmed the cause of death was a head injury from a fall.

Did tear gas play a role in the incident?

No. Toxicological reports and clinical assessments found no trace of tear gas, pepper spray, or cyanide in the victim's system, and there were no physical signs of exposure in the eyes or nose.

Was there evidence that the victim was pushed?

Forensic experts stated that the horizontal distance of the body from the wall and the lack of one-sided assault injuries made it unlikely that the victim was thrown. Security footage also showed the victim was alone shortly before the fall.

Why was the emergency response delayed?

The arrival of paramedics and firefighters was delayed by roadblocks created by protesters and an illegally parked vehicle, which forced rescuers to divert their routes or proceed on foot with equipment.

What is a coup and contrecoup injury?

A coup injury occurs at the point of impact, while a contrecoup injury occurs on the opposite side of the brain as it strikes the skull. This pattern typically indicates a moving head hitting a hard surface, consistent with a fall.

References

  1. Hollingsworth, Julia; Yee, Isaac (8 November 2019). "Hong Kong student dies after fall in a parking garage during weekend protests". CNN. Archived from the original on 19 November 2019.
  2. Ng, Eileen (8 November 2019). "Hong Kong student's death fuels more anger against police". Seattle Post-Intelligencer. Associated Press. Archived from the original on 14 November 2019.
  3. "Equality watchdog slams online slurs aimed at local journalist of South Asian descent". Retrieved 29 November 2021.
  4. Chan, Ho-him; Cheung, Elizabeth; Chung, Kimmy; Lum, Alvin (8 November 2019). "Night of violence and grief in Hong Kong as city mourns death of student Chow Tsz-lok, leading to confrontations with police and vandalism at university". South China Morning Post. Archived from the original on 6 December 2019. Aggregated in Chan, Ho-him (8 November 2019). "Night of violence and grief in Hong Kong as city mourns death of student Chow Tsz-lok, leading to confrontations with police and vandalism at university". Yahoo! News. Archived from the original on 9 November 2019.
  5. Lau, Chris; Lum, Alvin (8 November 2019). "Telegram social media channel used by protesters for doxxing Hong Kong police suspended after leaking thousands of pictures and videos of officers and their families". South China Morning Post. Archived from the original on 29 November 2019. Aggregated in Lau, Chris (8 November 2019). "Telegram social media channel used by protesters for doxxing Hong Kong police shuts down after leaking thousands of pictures and videos of officers and their families". Yahoo! News. Archived from the original on 14 December 2019.