Lawyers are arguing that prosecutors failed to submit applications within the time limit
CHRIS.LAU@SCMP.COM
UPDATED : Thursday, 24 March, 2016, 9:30am
Lawyers for the defendants, including Cheng Kam-mun (pictured), are arguing that the prosecutions should not proceed. Photo: Sam Tsang
Protesters accused of contempt of court for obstructing a clearance in Mong Kok during the Occupy protests in 2014 are set to lodge a challenge on the grounds that their prosecution was out of time, a Hong Kong court was told.
Seventeen protesters – whose initial prosecutions were dropped due to a procedural error by prosecutors – showed up at the High Court on Wednesday as their lawyers told the court they wanted it to set aside its earlier decision to allow fresh prosecutions.
After the previous failure, the Department of Justice started a fresh round of prosecutions against the same defendants in November last year.
The lawyers for some of the defendants yesterday argued that not only had the prosecuting period lapsed, the Department of Justice should not be allowed to institute new prosecutions.
Defence counsel Gerard McCoy SC said the offence of contempt of court came with a time constraint which required prosecutors to take action within six months of the alleged offence.
The court previously heard that in making the first applications last year, the prosecutors had failed to file a document by April 4 due to an “oversight” and a “situational” mistake.
The defendants were discharged in September, and the Department of Justice did not file new summonses until November.
The 17 were arrested on Argyle Street for allegedly obstructing clearance work on November 25, 2014 – a year before the new summonses were issued.
Another defence counsel, Hectar Pun Hei SC, said the prosecutors should not have been allowed to bring the second round of prosecutions.
While the public gallery was full, the defendants, including activist Cheng Kam-mun, sat in the area normally reserved for a jury.
Four were unrepresented by lawyers. Some insisted they had not done anything that would amount to a contempt charge.
During the hearing, the lawyers also brought up the case of another batch of 20 defendants facing contempt of court, including student leaders Joshua Wong Chi-fung and Lester Shum and League of Social Democrats vice-chairman Raphael Wong Ho-ming.
Wong and his 19 co-defendants argued earlier that their cases should be dropped due to procedural errors by the prosecutors. The court rejected their argument.
The lawyers noted that the 20 defendants secured permission on Monday to appeal. They therefore asked the court to adjourn the current case until the appeal was settled as it might have implications for it.
But the judge, Mr Justice Anderson Chow Ka-ming, disagreed. He adjourned the case to April 29 when he will hear further arguments by the lawyers.
http://m.scmp.com/news/hong-kong/law-crime/article/1929857/hong-kong-protesters-set-lodge-fresh-challenge-their
