Teresa Cheng Intervenes To Stop Police Shooting Case
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2020-08-18 HKT 20:13
Justice Secretary Teresa Cheng has started proceedings to end a private prosecution against a police officer who shot a student in the abdomen with live ammunition in Sai Wan Ho last year.
Democratic Party legislator Ted Hui had initiated the case using money raised through crowdfunding. In June an Eastern Court magistrate decided to summon the 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.
The first charge carries a maximum penalty of life imprisonment.
But Hui said on Tuesday that Cheng had evoked her powers to intervene and take control of the proceedings with a view to having the summons withdrawn.
Hui's party released a copy of a letter sent to the courts from the Department of Justice which says that under the Magistrates Ordinance, "the SJ has intervened and assumed the conduct" of the proceedings.
"We write to request for an early mention date... before 31 August 2020 for the prosecution to withdraw the summonses," it adds.
Hui said the justice secretary has not explained why she wants the case to be dropped and he is considering a legal challenge over her intervention.
The legislator accused her of damaging the rule of law and condoning police violence.
"Teresa Cheng's action is overriding the rule of law with rule of man," he said.
The 21-year-old student shot on November 11 last year was critically ill in hospital for some time. He underwent surgery to remove his right kidney and part of his liver.
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