Former legislator Gary Cheng Kai-nam, who has twice failed to have his forthcoming fraud trial held before a bilingual judge, yesterday sought to overturn the decisions in a higher court. His barrister, Martin Lee Chu-ming, SC, sought an urgent hearing to seek leave for a judicial review of District Court judge Barnabas Fung Wah's rulings of October 26 and Thursday. Mr Lee told Mr Justice Michael Hartmann in the Court of First Instance it was totally unreasonable for Judge Fung to fix the trial before an expatriate judge - set down for Monday - when Cheng had made the request for a bilingual judge on the first day of his appearance. He added it was any defendant's constitutional right to demand a judge who spoke his native language, Cantonese. Mr Lee also denied a suggestion that Cheng was angling to find the right judge. 'If we are being accused of shopping for a judge, there is every reason to believe that the prosecution wants to stick to a particular judge,' Mr Lee said. Cheng, 51, faces five charges: misconduct in public office, accepting an advantage as a Legislative Council member, false accounting and two counts of theft. The offences were allegedly committed between November 1999 and April last year. No pleas have been entered. The trial of Cheng, former vice-chairman of the Democratic Alliance for the Betterment of Hong Kong, is scheduled to be conducted in English with an interpreter before Judge Alan Wright in the District Court. Mr Justice Hartmann is expected to make a ruling today.