High Court says it wants an independent counsel to study police guidelines which government argues must be kept secret. File photo: RTHK
In an unusual move on Friday, the High Court said it will ask an independent lawyer to comb through confidential police guidelines after it was alleged political considerations were behind their action against protesters on July 1, 2013.
This may ultimately lift secrecy around the guidelines which the government say should be kept secret for the public good.
The court decision came after three activists appealed against convictions of taking part in an unlawful assembly after they crashed barricades in Causeway Bay.
During the trial at a lower court, their lawyers had asked to see the police's operational guidelines as well as the police's internal review compiled after the march. But the prosecution objected and eventually, the defendants were only given redacted copies.
The defence lawyers told the High Court that the magistrate's decision was wrong and suggested political considerations were taken into account.
In light of this argument, Madam Justice Barnes said a senior counsel should be appointed – either by the court or by the Justice Department – to read the internal police papers and the justification document, and advise her on what to do next.
A hearing date will be set after the independent counsel reaches a conclusion. The three defendants - Danny Chan, Chung Kin-ping and Wong Chun-kwok, have all completed their sentences of 80-hours of community service.
http://news.rthk.hk/rthk/en/component/k2/1249390-20160318.htm
