Activists Mull Challenge Over Court Transfer

Fifteen pro-democracy activists on trial over protest-related offences are considering mounting a legal challenge against a plan by the prosecution to transfer their cases from a magistrate’s court to the District Court.

Prosecutors told the West Kowloon Court that the move is needed due to the large number of defendants and prosecution witnesses, as well as the serious nature and complexity of the cases, but refused to explain further.

The lawyer for one of the defendants, Avery Ng of the League of Social Democrats, questioned why the transfer is needed, arguing that penalties for similar cases have not exceeded the maximum sentence – of up to three years in prison – that a magistrate can impose.

The District Court can impose prison terms of up to seven years.

The lawyer said they are considering filing a judicial review at the High Court over the transferral application, saying it is an unprecedented move that the Department of Justice needs to better explain.

Counsels for other defendants told the court they would also be considering similar action.

The magistrate ordered all the defendants to decide in two weeks’ time whether they will be filing any judicial reviews, and appear before the court again on July 15 to tell him whether the current proceeding should be suspended pending the outcome of any new legal action.

Bail for all defendants have been extended.

Ng, as well as other defendants Leung Kwok-hung, Jimmy Lai, Lee Cheuk-yan, Au Nok-hin, Margaret Ng, Martin Lee, Albert Ho, Cyd Ho, Yeung Sum, Leung Yiu-chung, Sin Chung-Kai, Richard Choi, Raphael Wong and Chan Ho-wun face charges of organising, taking part, or inciting others to take part in various unauthorised protests in August and October last year.

Earlier in the day, they observed a three-minute silence outside the court house to pay tribute to Leung Ling-kit, an extradition protester who jumped to his death one year ago.

Other prominent pro-democracy figures such as Cardinal Joseph Zen and Reverend Chu Yiu-ming also turned up at court to show support.