Trial of two ousted Hong Kong lawmakers who stormed Legco meeting delayed by legal disagreement
The defence disagreed with the prosecution’s addition of four new witnesses without getting special leave from Legco, resulting in the trial being postponed to Tuesday
The trial of two ousted pro-Hong Kong independence lawmakers and their three personal assistants for unlawful assembly, due to begin on Monday, was postponed by a day after the defence claimed the prosecution did not follow proper procedures in summoning new witnesses.
Eight Legco employees – seven security officers who saw the chaos and a technology officer who provided surveillance footage of the incident – were due to testify in the trial.
But after the five defendants, who are all aged 30 and below, agreed to the facts of the case at a pre-trial session in July, the prosecution added four other Legco employees to its witness list. It did not ask for special permission from Legco, like it had with the eight witnesses.
The Legislative Council (Powers and Privileges) Ordinance stipulates that no Legco officer can give evidence elsewhere without the council’s special leave.
As the trial was about to begin on Monday, barrister Douglas Kwok King-hin, representing Leung and Yau, raised the issue of the four new witnesses and asked for part of the agreed facts of the case to be withdrawn.