Court Accepts Govt Move To Block Cases By Ted Hui

Two private prosecutions relating to the anti-government protests last year were formally halted on Monday after the secretary for justice's intervention.

At a hearing at the West Kowloon Magistracy, the Department of Justice (DOJ) said it would not be pursuing the case involving a taxi driver who allegedly rammed protesters with his vehicle in Sham Shui Po last October, or a traffic police officer who shot a student protester in Sai Wan Ho in November. Democratic Party lawmaker Ted Hui had initiated both cases.

Prosecutors said there was insufficient evidence to proceed, and that the secretary for justice believed there was no reasonable prospect of conviction and no case to answer.

In the dangerous driving case, prosecutors said an independent police probe showed that the taxi driver, Henry Cheng, was being attacked by a number of people at the time of the incident, and three people got off his taxi after the crash.

They said the evidence failed to show Cheng was in control of the car or driving dangerously.

In the shooting case, the prosecution cited another independent police probe, which included a statement by officer Kwan Ka-wing who said he had used a reasonable degree of force for self-defence and the prevention of crimes.

The DOJ also said it noted Hui did not intend to call the shooting victim to testify, and said this would affect the defendant’s right to a fair trial.

Hui expressed disappointment with the outcome. "I think the DOJ is totally running and working under a black box. I think it's also unreasonable that the case involving the police is investigated by the police itself," he said.

"I'm not convinced, I don't think the public is convinced that there's a fair case."

He said he would file judicial reviews challenging the secretary for justice's intervention.

Summonses had been issued for the police officer to face charges of shooting with intent to cause grievous bodily harm, discharging ammunition with reckless disregard for the safety of others, and dealing with arms in a manner likely to injure or endanger safety, and for the taxi driver to face one count of dangerous driving.

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