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17 Occupy Hong Kong activists hit with fresh charges after High Court dismisses criminal contempt trial

JULIE CHU

Seventeen Occupy activists who were discharged from court for obstructing a clearance operation in Mong Kok two months ago will face a new trial after the Department of Justice filed fresh summonses against them.

The 17 were acquitted on September 1 because of procedural errors committed by the department.

At the time, a High Court judge ruled it had failed to comply with legal requirements and discharged everyone.

However, the department lodged 17 fresh summonses with the court on Friday alleging criminal contempt against the group.

They were alleged to have "interfered with or impeded the due execution of the injunction order" that authorised bailiffs to clear the occupied site in Argyle Street.

The 17 activists were arrested while the bailiffs were conducting the clearance work on November 25.

Two weeks after they were discharged, the department declared it would file fresh summonses against them.

It said in a media release published on September 15: "The Secretary for Justice's role in criminal contempt proceedings is to assist the court … by bringing to the court's notice matters which he considers the court shall be informed in the interests of the administration of justice, so that the court can decide whether or not to punish the persons involved for contempt."

One of the 17 activists, Law Wai-yan, said: "The department does not want those people who try to express their views to get away so easily without facing the consequences. That is the reason why it is prosecuting us again.

"I think it is the message the department wants to send to the public."

Twenty other activists, including student leaders Joshua Wong Chi-fung and Lester Shum, were arrested and charged with interfering in another clearance operation in Mong Kok on November 26.

They will face a court hearing tomorrow.

This article appeared in the South China Morning Post print edition as: 17 Occupy activists to face criminal contempt charges
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