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All Persons Must Be Protected

Peter Kam Fai Cheung SBS

"A man has been arrested for assault occasioning act---ual bodily harm on two children." A Hong Kong radio presenter uttered the word "actual" in today's morning news. "Has Hong Kong run out of news? Would the audience wonder what bodily harm is non-actual?" I thought as I drove on to complete my morning errand.

"Assault occasioning actual bodily harm" (AOABH) is a common charge for offence against a person in the right context. Merely touching another person's face without consent is an assault. Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of a person, and the resulting hysterical and nervous condition.

To substantiate an AOABH charge, the harm or suffering of the victim must be more than a trifling injury and more than transitory pain. The causing of the harm may be proved by direct evidence ie the oral testimony of the victim as well as by circumstantial evidence. A court may infer that a blow struck on a victim must have sustained some bodily harm.

I recall in my secondary school days I saw actual bodily harm (bruises and weals) of my friend occasioned by other naughty boys' assault. I accompanied him to a Chinese chiropractor for treatment a couple of times. Although it was only yesterday that I have begun prosecuting charges including AOABH, I feel good, as all persons must be protected!

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