Nepali accident victim on trial for three months over allegation of pedestrian negligence in Hong Kong gets leave for judicial review to challenge magistrate’s order
- Accident victim Kamala Thapa’s counsel argues magistrate has no power to force her witness return to box
- Judge finds there are exceptional circumstances to grant leave
A Nepali woman who has been on trial in Hong Kong for 89 days over allegations of pedestrian negligence was on Wednesday granted leave for judicial review to challenge a magistrate’s order that prevented her from closing her case.
The High Court ruling meant Kamala Thapa would have to wait for months to see the end of her trial, pending the outcome of her latest lawsuit against deputy special magistrate Ho Lai-ming.
Her counsel Kelvin Leung said the wait was undesirable but she would have to bear with it if she wanted justice.
Mr Justice Godfrey Lam Wan-ho said an expedited hearing would be arranged for the present judicial review, to be held in August at the earliest.
The case is Thapa’s fourth lawsuit and third judicial review challenging her trial magistrate’s handling of her traffic summons at Eastern Court, which began in January last year.
Her prosecution arose as she was hit by a taxi while crossing Tai Tam Road outside the American Club in Stanley on April 25, 2016. The trial court heard the road section had a speed limit of 50km/h and the average speed of the taxi was 44 to 54km/h. Thapa suffered serious injuries and had to spend two months in hospital.
Prosecutors alleged Thapa had negligently endangered her own safety in an offence punishable with a HK$500 (US$64) fine.
Thapa has since sued Ho for compelling her punctual attendance, fixing a hearing incompatible with her counsel’s schedule, and damages in excess of HK$1.7 million for loss of liberty and injured feeling.