Claims against Occupy Central founders 'will be complex'
Adjudicator at tribunal orders claims, worth HK$118,000, to be heard in a higher court
The District Court is to hear claims against Occupy Central's co-founders and fellow protesters from people who say they lost money due to the 79 days of street blockades.
Small Claims Tribunal Principal Adjudicator Anthony Chow Siu-wo yesterday agreed to a request from Occupy co-founder Benny Tai Yiu-ting to have the claims - worth HK$118,000 - heard in the higher court, on the grounds that they involved complex issues.
Chow said the "causes of action" the defendants relied on - a legal term meaning the facts that form the basis of a lawsuit - were "very complicated and there is no precedent to follow".
"The consequence of the court's decision will have a long-term effect in Hong Kong, so I find these cases should not be heard in the Small Claims Tribunal," he added.
Tai had told the tribunal the claims "might affect the right of citizens to organise public meetings" and added: "The decision made by the court might have a long-lasting impact."
More than 30 lawsuits were filed with the tribunal during and after the blockades, most from taxi drivers, shop owners and housewives who said they were hit in the pocket by the pro-democracy protests. All but 11 were withdrawn before the hearing.
Besides Tai, the respondents included fellow co-founders Dr Chan Kin-man and the Reverend Chu Yiu-ming; student leaders Joshua Wong Chi-fung, Lester Shum and Alex Chow Yong-kang; media boss Jimmy Lai Chee-ying and lawmaker Alan Leong Kah-kit.
Speaking outside court, claimant Chan Kam-wing said he found the tribunal's decision unfair. But the taxi driver said he and other cabbies would continue to pursue their claims.
Tai said after the hearing that the adjudicator had balanced the interests of both sides.
Meanwhile the University of Hong Kong academic said he had no expectations of a new round of government consultation on political reform due to start his week. He dismissed an idea by HKU law faculty Professor Albert Chen Hung-yee of giving Hongkongers a veto over all candidates chosen by a 1,200-strong nominating committee at the 2017 chief executive election.
"It is only a denying vote; however it does not meet the requirement of a universal and fair election," Tai said of Chen's suggestion. He said he would wait for the release of the consultation paper before "making any comment or further action".
