2. The offences related to an incident in which the appellant threw rocks in the direction of two large dogs owned by a couple who eventually gave evidence in the case as PW3 and PW4. The dogs at the time of the incident were being walked on leashes by PW1 (the victim of the assault offence) who was employed by PW3 and PW4 as their domestic helper at that time.3. The assault offence arose out of the throwing of rocks in the direction of the dogs by the appellant while they were being walked by PW1 having being found to have constituted an assault on PW1 in the sense that she, although not struck, was thereby put in fear of imminent violence. The criminal damage offence arose as a result of one of the thrown rocks having been found to have struck the nearby parked vehicle of PW2, who otherwise had no involvement in the case.
(HKSAR v Oh Eugene Jae-Hoon HCMA369/2002)
檢控依賴的是鹵莽(recklessness)元素，黃毓民的情況跟案情的犯案意念(mens rea)完全一様。至於某人是否黑社會，我不能亂講，我相信CIB開了file。甚麽叫CIB? Criminal Intelligence Bureau，即刑事情報科。這種檔案以前是用粉紅色皮的Confidential File。裏面紀錄日常與黑社會人物往來的資料和照片，如果無這個file，各位可以水杯掟我。