But magistrate rejects claim that city’s top official isn’t competent to serve as prosecution witness in assault trial
JASMINE SIU AND CHRIS LAU
UPDATED : Tuesday, 19 April, 2016, 1:11pm
Lawmaker Wong Yuk-man arriving at Eastern Court in Sai Wan Ho. Photo: Sam Tsang
The testimony of Hong Kong’s top official was opposed today by the lawmaker charged with assaulting him on the grounds that his ‘transcendent’ status might exempt him from facing legal consequences.
Lawmaker Wong Yuk-man made the statement before a packed courtroom at Eastern Court on Tuesday morning as Chief Executive Leung Chun-ying prepared to testify for the prosecution.
“It is reasonable to believe that he could say something favourable towards the prosecution’s case and unfavourable to the defence’s case without facing any legal consequence,” said Wong of Leung.
Quoting a statement by Beijing’s liaison office director Zhang Xiaoming in September last year and later confirmed by Leung himself, Wong said the chief executive enjoyed “transcendent” status.
Wong also cited a legal text and said a witness had to be “competent” and “compellable”, adding: “many believed he’d deliberately tell lies and had been dishonest”.
But Magistrate Chu Chung-keung rejected the claim and said he would decide how much weight to be given to what Leung would be saying.
Leung at the trial. Illustration: Henry Wong
Senior assistant director of public prosecutions Anna Lai recapped the July 2014 encounter involving Wong, who denied the charge of common assault.
In her opening statement, Lai said Wong approached Leung during a question-and-answer session in the Legislative Council.
Lai said Wong threw three piles of documents before tossing a glass of water, which landed near Leung and broke.
The court heard that Leung picked up a glass fragment and handed it to a police inspector. Wong was arrested for common assault the next day after he surrendered to police.
Security was tight outside the court building as protesters gathered. Photo: Sam Tsang
Leung’s appearance on Tuesday made him the city’s highest-ranking official to give evidence in a court. He arrived shortly after 9am with an entourage of about 20 bodyguards.
The chief executive’s arrival prompted his detractors, numbering in the dozens, to rush towards his vehicle. But officials made sure Leung had clear passage to enter the building, and he headed straight into a witness room.
Leung’s supporters and detractors were seen queuing up to enter the courtroom as early as two hours prior to the hearing scheduled for 9:30am. Many Wong supporters wore yellow t-shirts bearing “Civic Passion”, the radical pro-democracy group.
Chief Executive Leung Chun-ying arriving at the court. Photo: Sam Tsang
Chu began the hearing by asking public gallery members not to disturb proceedings else they risked being kicked out or found in contempt of court. Both uniformed and plainclothes security personnel were deployed to maintain order.
Leung was joined on the prosecution’s witness list by Secretary of Transport and Housing Anthony Cheung Bing-leung. Other witnesses included League of Social Democrats lawmaker “Long Hair” Leung Kwok-hung and Wong’s summoned witnesses: radical lawmaker Albert Chan Wai-yip, Civic Party lawmaker Kwok Ka-ki, Neighbourhood Services Centre lawmaker Leung Yiu-chung, and health services lawmaker Joseph Lee Kwok-lun.
The lawmaker is tied to Civic Passion, considered a radical anti-Beijing political group. Photo: Edward Wong
Chu approved the summons for Chan but said Wong failed to show sufficient grounds for calling his other three witnesses.
According to notices posted in the building’s lobby, 53 seats were allocated to the public on a first-come-first-served basis while another 21 seats were given to media, with an additional 10 spots being standing quotas.
“We queued but we couldn’t get in,” said a woman claiming to be first in line. “This means you can only get in by jumping the queue.”
A small area was also allocated to a handful of pro-establishment protesters who secured on the railings a national flag and banners reading “Support CY Leung”.
http://www.scmp.com/news/hong-kong/law-crime/article/1937005/hed-deliberately-tell-lies-hong-kong-lawmaker-tells-packed
