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'. The two were removed on the order of Mrs Fan after two security guards tried to quieten them. Representing himself, Leung said he wanted to cross-examine Mr Tung on whether he had been disturbed by the protest. He also wanted to question Mrs Fan over whether a suspension of the Legco session had been necessary. 'Miss Leung previously commented that it would not be fair if I was not prosecuted [in a previous case] . . . I believe she has a political prejudice. Whether there was any political discrimination is crucial to my case,' Leung said. But Mr Kwok rejected Leung's request saying: 'This is not a political trial. I have not heard anything that would justify your request to summon the three persons.' He adjourned the hearing until Wednesday.