Prosecutors seek to bring case against activist acquitted of assaulting police officer with tuna sandwich to Hong Kong’s top court

Activist Avery Ng was acquitted on appeal over incident in which he threw sandwich as then-leader CY Leung went to polling station in 2016

Magistrate had earlier sentenced him to three weeks in jail after he was found guilty of one count of common assault

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Avery Ng said he had expected the justice department to challenge the verdict. Photo: Felix Wong

Published: 6:57pm, 24 May 2019Updated: 11:12pm, 24 May 2019

Hong Kong prosecutors on Friday sought to take the case against an activist acquitted of assault over a tuna sandwich he threw at then leader Leung Chun-ying to the top court, arguing they had not been given sufficient say before the verdict.

Assistant director of public prosecutions Ned Lai Ka-yee urged the Court of First Instance to grant his department permission to lodge a final appeal.

Prosecutors accused Avery Ng Man-yuen, 42, chairman of the League of Social Democrats, of assaulting police officer Lau Wing-kwan as the former chief executive had ducked and dodged the sandwich in 2016.

The magistrate ruled Ng’s sandwich had hit Lau, who was walking behind Leung. But on appeal, Mr Justice Joseph Yau Chi-lap acquitted the activist, concluding that the food might have come into contact with Lau because he raised his arm to fend it off – an issue the lower court did not explore.

CY Leung was visiting a polling station when the sandwich was thrown at him. Photo: K.Y. Cheng

Speaking to the media before the hearing, Ng said he had expected the Department of Justice (DOJ) to challenge what he called a sensible ruling.

“This is such a trivial case,” Ng said. “This is a common assault case involving only a sandwich – I really wonder what Chief Justice Geoffrey Ma Tao-li will think of the DOJ if it manages to take this to the Court of Final Appeal.”