April 5th Action Group activist Leung Kwok-hung failed yesterday in an attempt to have Chief Executive Tung Chee-hwa appear in court as a witness.
His request for Mr Tung, Secretary for Justice Elsie Leung Oi-sie and Legislative Council President Rita Fan Hsu Lai-tai to testify in his trial for contempt was rejected by Magistrate Anthony Kwok.
Leung, 44, and fellow activist Koo Sze-yiu, 53, each denied one count of contempt when they appeared in Western Court yesterday after an alleged outburst in the Legislative Council on October 7 last year.
If convicted, the pair could face a maximum 12-month jail term and a $10,000 fine.
The court heard the two defendants shouted the slogan: 'The Government saves the market, not the people. What a shame,' during a question-and-answer session where Mr Tung explained his Policy Address.
Prosecutor Stanley Chan Kwong-chi, citing provisions under the Legislative Council (Powers and Privileges) Ordinance, said the two defendants 'created a disturbance which was likely to interrupt the proceedings of the Legislative Council while the Legislative Council was sitting'.