17 Occupy activists charged with contempt over Mong Kok clearance urge judge to throw out case
Seventeen Occupy activists arrested during a clearance operation in Mong Kok urged a High Court judge yesterday to terminate their contempt of court case after the Department of Justice failed to follow procedures.
Lawyers for the 17 - arrested for obstructing bailiffs who were clearing an area in Argyle Street on November 25 - argued that the prosecution had failed to file a "notice of appointment to hear the original summons" 14 days after it obtained permission to charge them in March.
Gerard McCoy, SC, for the activists, said: "The proceeding should be immediately brought to an end."
The court was told the department obtained permission to charge the 17 activists with contempt for failing to comply with a court injunction order on March 20. But the department had failed to file a notice to fix the hearing date by April 4.
Hectar Pun Hei, SC, also for the activists, said the department's claim of an "oversight" during the procedure was "not an excuse at all".
Victor Dawes, SC, for the department, asked the court to use discretion and allow the department to file after the deadline.
Mr Justice Anderson Chow Ka-ming will decide today whether to allow the department to file the notice.
