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Occupy Central
Hong KongLaw and Crime

Hong Kong Occupy activists claim Department of Justice did not follow procedure in prosecuting them for contempt of court

Six activists including student leader Lester Shum say the department did not follow procedures in prosecuting them for contempt of court, and has urged their summonses be discharged

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Lester Shum (centre) outside the High Court yesterday. Photo: Nora Tam
JULIE CHU

Six Occupy activists, including student leader Lester Shum, claimed the Department of Justice did not follow procedures in prosecuting them for contempt of court and called for their summonses to be discharged, the High Court heard yesterday.

Barrister Gerard McCoy SC, representing all six, said the department failed to apply for a trial date within 14 days of the summonses being served, as stipulated by requirements.

A total of 20 activists - also including student leader Joshua Wong Chi-fung and League of Social Democrats vice-chairman Raphael Wong Ho-ming - attended yesterday's hearing for allegedly obstructing the work of bailiffs clearing occupied roads in Mong Kok on November 26 in line with a court order. The lawyers for some of them said they might also apply for their summonses to be discharged.

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

Mr Justice Anderson Chow Ka-ming adjourned the case to February 25 as the department asked for time to respond.

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Outside court, Shum said: "The department should know the procedures well.

"It also hired two senior counsel to help in this case. How could it still make such a serious mistake?"

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He noted that 17 other Occupy activists who had been discharged on the same basis were prosecuted again last week.

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