The Stewards today concluded their inquiry into Jockey C L Chau’s riding of CIRCUIT SPLENDOR in Race 2, Fenwick Handicap (Sec 1) which was run at Happy Valley Racecourse on Wednesday, 22 February 2023.  Further evidence today was taken from Jockey Chau and trainer of CIRCUIT SPLENDOR Mr T P Yung.  The Stewards also considered a betting report from Mr T Chignell, Executive Manager, Racing Integrity and Betting Analysis.  The betting report did not identify any concern in respect to the betting conducted on the said race.  Additional Stewards Patrol Films of previous races conducted in Hong Kong were presented by Jockey Chau, along with the Stewards considering the manner in which CIRCUIT SPLENDOR had been ridden at its previous starts.

At the inquiry conducted on 22 February 2023, Mr Yung confirmed the instructions he issued to Jockey Chau to endeavour to take advantage of his favorable barrier draw and attempt to hold an on-pace position close to the lead.  Mr Yung further confirmed that as CIRCUIT SPLENDOR has been identified as having only a short sprint, he had instructed Jockey Chau to hold up CIRCUIT SPLENDOR for one short run in the Straight.  He advised such instructions were consistent with instructions he had issued at previous starts.

Jockey Chau gave evidence on 22 February 2023 and again today, that in the early stages when he observed Z Purton, rider of EUROMISSILE, intent on holding the position to his inside, he elected to remain racing outside of that runner and behind ALLOY KING when the early pace was genuine.  He added that, in accordance with his instructions, in the early stages of the Straight and after shifting CIRCUIT SPLENDOR to the outside of ALLOY KING near the 300 Metres, he held his mount together whilst applying some encouragement to CIRCUIT SPLENDOR between the 300 Metres and near the 200 Metres.  He added that after passing the 200 Metres he commenced to ride CIRCUIT SPLENDOR with strong hands and heels riding until near the 150 Metres when bumped by ALLOY KING which was taken out by COLONEL.  He stated that in this incident CIRCUIT SPLENDOR became unbalanced and after balancing up near the 100 Metres he was able to ride his mount out strongly over the final 75 Metres, although CIRCUIT SPLENDOR was inclined to lay in which required him to correct his mount by placing pressure on his left rein.

The Stewards gave consideration during the inquiry as to whether Jockey Chau should be charged with a breach of Rule 99(2), which states:-

Rule 99.
            (2)   The jockey of every horse shall take all reasonable and permissible measures throughout the race to ensure that his horse is given a full opportunity to win or to obtain the best possible placing in the field.

The consideration when determining if a breach of Rule 99(2) can be proven is well established, in that Rule 99(2) does not seek to punish jockey who commits a “mere error of judgment” unless it is an unreasonable error that can be considered blameworthy.

In considering this matter the Stewards found that:-

• whilst it was open for Jockey Chau to have ridden his mount with more vigour in the early stages to hold a more forward position and comply with his instructions, as the first 400 Metres was run at a genuine pace (0.45 seconds inside standard) the tactics he adopted in the early stages were not unreasonable.
• whilst Jockey Chau had committed an error of judgement, between near the 300 Metres and near the 200 Metres by not showing better judgement to place CIRCUIT SPLENDOR under pressure sooner than he did, in circumstances where CIRCUIT SPLENDOR had settled further back in the field than anticipated, that such error was not an unreasonable error that was blameworthy as he was endeavouring to comply with his instructions.
• his riding out of CIRCUIT SPLENDOR over the final 200 Metres was reasonable in the circumstances when his mount was bumped near the 150 Metres and became unbalanced and also was inclined to lay in when being ridden out, restricting Jockey Chau’s ability to use the whip and obligating him to straighten CIRCUIT SPLENDOR when it commenced to shift in.
• they could not be comfortably satisfied to the requisite standard that his error of judgement between near the 300 Metres and near the 200 Metres had resulted in CIRCUIT SPLENDOR not obtaining the best possible place in the field, particularly after being bumped at the 150 Metres by ALLOY KING and taking into consideration the beaten margin of ¾ length from the second placegetter HAPPY GATHERING.

Therefore the Stewards elected not to issue a charge against Jockey Chau under Rule 99(2).  However, Jockey Chau was advised in similar circumstances he would be expected to ride his mounts with better judgement than what he showed on this occasion so as to leave no room for query.