Magistrate Dismisses House Committee Assault Case

West Kowloon Magistracy on Monday dismissed former pro-democracy lawmaker Ray Chan’s private prosecution against pro-Beijing lawmaker Kwok Wai-keung after the Secretary for Justice intervened in the common assault case.

A lawyer representing the Department of Justice said that it would offer no evidence to the summons against the Federation of Trade Unions legislator and asked the court to withdraw the case.

The lawyer said having considered all the available evidence as well as the offence, including ”the lawfulness and reasonableness of the force used in the circumstances,” the department decided that the evidence is not sufficient to support the offence.

He also said section 14 of the Magistrates Ordinance gives power to the Secretary for Justice to take over a private prosecution at any stage of the legal proceedings.

Speaking after Magistrate Peter Law dismissed the case, Kwok said he would not comment on the department’s decision to step in, but added that he had had “no intention to hurt anybody”.

Asked if he would apologise to Chan, Kwok said if anyone should say sorry it is those who are "promoting Hong Kong independence" and "poisoning the younger generation".

Chan, of People Power, had accused Kwok of assaulting him in a chaotic House Committee meeting on May 8 during which scuffles broke out between rival camps over the election of a chair. Video footage captured Kwok dragging Chan through a conference room.

Eight pro-democracy politicians, including Chan, have been charged with contempt and interference with members under the Legco’s Powers and Privileges Ordinance over their behaviour at the same House Committee meeting.