Occupy activists claim prosecutors failed to follow procedures in contempt case, Hong Kong court hears
However, counsel for Justice Department maintained that purpose of time-limit rule was not to nullify proceedings
Twenty Occupy activists, including student leaders Joshua Wong Chi-fung and 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 on Thursday.
Barrister Lawrence Lok Ying-kam SC, representing Wong and six other activists, said the department failed to apply for a trial date within 14 days of the summonses being served, as stipulated by requirements, and the summonses should therefore “lapse”.
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“It is immaterial that the failure is, as alleged, caused by mere oversight or misunderstanding ... Ignorance or mistaken understanding of legislation has never been accepted as an excuse for failure to comply [with the time limit],” said Lok.
The only remedy open to the department would be “the commencement of fresh proceedings”, said Lok.
But Hectar Pun Hei SC, representing another six activists, argued that the department did not intend to file fresh applications, because it had not paid the prescribed filing fees.
The department sought to argue that non-compliance with the 14-day limit was an irregularity, rather than a nullity, and that the court had powers to grant a fresh order or extension of time within the same proceedings after the summons lapsed.