A 74-year-old man of Chinese origin was awarded $12,000 pa'anga in damages by the Supreme Court, for emotional suffering and injuries suffered, after being assaulted by his son-in-law in 2016.

Yang Hong Hui, the plaintiff in the civil law suit claimed the defendant, Mo De Feng, had caused injuries to his eyes and lower part of his body, when he kicked him between his legs causing him to fall and hit his face on a cabinet.

The defendant had been married to his daughter, but they were separated.

The plaintiff sought damages in the sum of $120,000 pa'anga, that included loss of sight and abdominal pain.

His counsel later conceded that the claim was too excessive and instead submitted $15,000 was appropriate and reasonable to be awarded.

Chinese New Year

Hon. Mr Justice Laki Niu in a ruling on September 27, said the plaintiff's evidence said he was born and raised in China. He had been living in Tonga for 24-years, operating a watch repair shop with his wife in Kolofo'ou.

In January 2016 he met the defendant at a Chinese New Year Party with their friends.

The plaintiff said he asked the defendant to give him the money, and maybe he felt embarrassed, and so on the evening of January 1, the defendant came to his watch shop with three other Chinese men.

“They had bush knives in their hands and the defendant knocked the door very loudly and called me come out. I was very afraid. Mo then broke my window. Finally, when I opened the door Mo suddenly kicked my lower part of my body,” he said.

The plaintiff told the court that he fell down and hit head on a glass cabinet. He went to see a Chinese doctor the next day, but his face was paralyzed and he could not do his watch repair work.

“Now my health is getting worse. When I eat something I quickly vomit. I also cannot walk, because my feet feel very weak. I feel very painful. My wife also suffers from high blood pressure. Therefore, both my wife and myself need to go back to China for medical care and we are unable to because Mo had not paid our money,” he said.

Denial

The defendant denied causing the injuries.

He said that on the Chinese New Year, he was the Vice-President of the Chinese community in Tonga and a function was held at the Emerald Restaurant on Vuna Road, attended by the Chinese Ambassador, Tonga's Prime Minister, dignitaries and members of the local Chinese community.

“I was busy at this function and was unable to see or speak with the plaintiff who was there. I was informed after the function that the plaintiff wanted to speak to me and I went over to his place at Taufa'ahau Road in Kolofo'ou to speak with him,” he said.

He did not go there to assault him, and denied the allegations that he caused the injuries.

However, the defendant admitted he had been convicted of assaulting the plaintiff in the Magistrate’s Court. This was the assault that he was being sued for in this case.

“The plaintiff does not specify or particularize in his statement of claim what type of damage he is claiming. He simply claims damages against the defendant because of emotional suffering and injuries to his eyes and lower part of his body and its effect on his life for more than two-years. Accordingly, I have to accept the evidence of the plaintiff that the defendant assaulted him,” the judge said.

In addition, the judge considered the indignity of the assault and the advanced age of the plaintiff. 

“In the Tongan custom, it is a great disrespect and an affront to hit an older person than yourself. In the present case, the plaintiff was 71-years old, the defendant being only as old as his own son. That is most disrespectful, and it must be regarded as such by this Court.”

The judge awarded the plaintiff the sum of $12,000 as reasonable for the pain and suffering suffered.