Court Allows Private Case Over Taxi Smash: Ted Hui

Eastern Court decided on Friday to summon the driver of a taxi which ploughed into a group of protesters in Sham Shui Po last year, setting the ball rolling on a private prosecution brought by pro-democracy lawmaker Ted Hui.

A woman suffered multiple fractures to her legs when the taxi mounted a pavement and struck her on October 6. She was later charged with rioting.

The driver himself was dragged from his vehicle and badly beaten by the angry crowd. He was not charged with any offence by the police.

Hui said that at a closed-door hearing, magistrate Lam Tsz-kan agreed that there is a prima facie case of dangerous driving, and that Lam decided to summon the taxi driver for a future hearing.

The Democratic Party legislator said the Department of Justice had sent a representative to Friday's hearing, but the magistrate sent this person out after being told that the DOJ does not plan to intervene in the case, at least at this stage.

Hui is also hoping to use money raised through crowdfunding for a private prosecution against the policeman who shot a student in the abdomen with live ammunition in Sai Wan Ho last November, accusing the officer of either attempted murder, or shooting with intent to cause grievous bodily harm.

But the lawmaker said the magistrate wants more time to think about this case, given the serious nature of the charge.

Hui's lawyer, Victor Yeung, said he has high hopes this prosecution will also go ahead.

"I think we have fulfilled the requirement to prove the prima facie case. We have all the basic elements here which the magistrate is satisfied with. So we are confident that the magistrate will issue a summons in respect to the police shooting case," Yeung said.

Hui said he was happy that at least one of his cases has got the go-ahead and this serves as a warning to police and others who hurt protesters that they will have to bear the consequences.