Wellington: Businessmen to pay $30,000 to victim of attack at Chinese restaurant

The businessmen appeared in Wellington District Court on Monday.

Three businessmen have avoided conviction for attacking a man who made a “culturally offensive” comment while at a popular restaurant in Wellington.

Ning Li, 39, Chang Xue Li, 41, and Zhengfeng Bing, 29, will instead have to pay their victim $10,000 each in emotional harm reparation after punching, slapping, and using objects to injure him during the 2021 attack.

The impact of the conviction on the men, one of which may face deportation as a result, was greater than the offending Judge Bruce Davidson ruled on Monday in the Wellington District Court.

“In my view, these consequences are out of all proportion to your offending,” he told them.

In May 2021, the trio was at Red Mount restaurant, a now-closed establishment that was once a hot spot for karaoke and Chinese cuisine.

Just after midnight, they were standing at the bar with the victim and another acquaintance while the restaurant prepared to close.

The group knew the victim who was a part of the wider Chinese community in Wellington.

The victim made a “provocative” remark to Chang Li which the court heard threatened him and his father and was considered culturally offensive.

In response Chang Li slapped the victim, Bing threw a bottle at the man’s head and Ning Li put his arm around the victim’s neck and punched him multiple times.

Chang Li then picked up an object from the counter and used it to strike the man in the head.

The men continued to punch the victim until he fell to the floor.

As the attack continued, Bing picked up a wooden chair and used it to hit the man across the body and head.

The victim eventually escaped the group, suffering injuries that included a 3cm cut to his scalp, bruising around his eyes and a concussion.

He was hospitalised following the attack and his earnings were impacted after he was unable to attend work for several months as he recovered.

In court, Judge Davidson said if the incident ended with the slap it was likely the three men, who he found to be equally culpable, would not be before the court.

The trio sought to be discharged without conviction.

Chang Li, a New Zealand citizen, said he was now considered a foreigner in his home country and would struggle to return for business and personal reasons if he was convicted.

Nang Li, also a citizen, said a conviction would impact credit applications and create issues for his business as a property developer.

Bing is in New Zealand on a working visa and said a conviction would risk him and his wife being deported.

Judge Davidson agreed the consequences of a conviction were disproportionate to the offending and described the men as well-regarded and successful in their chosen fields of work.

The group was remorseful and had taken significant steps to make amends, including charitable donations, voluntary community work, and attempts at restorative justice, Judge Davidson said.