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Hong KongLaw and Crime

Hong Kong judge rules against appeal application in acquittal of Avery Ng for throwing tuna sandwich at former chief executive C.Y. Leung

  • High Court judge rules case not a ‘point of law of great importance’
  • Prosecutors lose first bid to overturn acquittal of democracy activist

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Avery Ng, chairman of the League of Social Democrats, at High Court in Admiralty on Thursday. Photo: Edmond So
Jasmine Siu

Hong Kong prosecutors have failed in their first bid to have the top court hear its case against a democracy activist who was acquitted of assault after throwing a tuna sandwich at the city’s former chief executive.

Ned Lai Ka-yee, the assistant director of public prosecutions, had argued that the case raised a “point of law of great and general importance” that required the Court of Final Appeal’s clarification after Avery Ng Man-yuen was cleared of an assault conviction and three-week jail term for throwing the sandwich at Leung Chun-ying.

But Mr Justice Joseph Yau Chi-lap on Thursday refused to back the prosecutors, and instead countered that they had no right to complain because they had failed in their duty to prove the criminality of the offence in the first place.

The ruling does not mean Ng, 42, can walk free from the case because prosecutors had also applied to appeal directly to the Court of Final Appeal.

Avery Ng, chairman of the League of Social Democrats, at High Court in Admiralty on Thursday. He was sentenced for assault in 2017 for throwing a sandwich at the former chief executive – but hitting a police officer. Photo: Edmond So
Avery Ng, chairman of the League of Social Democrats, at High Court in Admiralty on Thursday. He was sentenced for assault in 2017 for throwing a sandwich at the former chief executive – but hitting a police officer. Photo: Edmond So

Ng, for his part, was none too worried.

“The Department of Justice has been too arrogant,” he told reporters after Thursday’s ruling. “I cannot see any reason for the Court of Final Appeal to entertain this appeal.”

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