The editor of Eastweek magazine is seeking to stop court action over the publication of a photograph of a partially naked actress taken during an abduction, according to documents filed with the High Court. Henry Mong Hon-ming argued in a judicial review application that Eastern Court Magistrate David Duffton was being 'unreasonably unfair' when he refused to fix a hearing date for the stay application. The application claims the magistrate had also erred in law and acted unlawfully in referring the issue of obscenity to the Obscene Articles Tribunal for classification before the stay application had been determined, and even before the question had arisen in the course of the trial. Both decisions were made on August 25 and were upheld by the magistrate on September 18. Eastweek sparked a public outcry after publishing a semi-naked picture of Carina Lau Ka-ling on its October 30 cover last year. The pictures were allegedly taken when she was abducted by gangsters 12 years ago. The Television and Entertainment Licensing Authority referred the Eastweek case to the Obscene Articles Tribunal. The tribunal ruled on November 4 last year that the publication was obscene. The magazine was shut by its owner, media tycoon Albert Yeung Sau-shing, after a storm of protests led by furious celebrities but it has since been relaunched. It is now owned by Charles Ho Tsu-kwok's Global China Group Holdings. Mr Ho also controls Sing Tao and the English-language Standard. The documents in court said Mr Mong and four others were arrested on March 10 and subsequently charged with publishing an obscene article. Mr Mong's lawyer has argued in Eastern Court for a permanent halt to the criminal proceedings on the grounds that a fair trial would be impossible due to the extensive adverse publicity surrounding the event.