Charges of producing bombs against Hong Kong duo withdrawn over failure to obtain prior consent from secretary for justice
- Accused pair were later charged only with making or possessing explosive, after bomb-making charges had to be dropped for not having justice secretary’s consent
- Principal Magistrate Peter Law adjourned case to December 12, giving police time to probe, while accused duo will remain in custody
Two Hongkongers accused of producing bombs had their charges withdrawn at their first court appearance on Thursday, after prosecutors admitted they had not obtained the prior consent from the secretary for justice required for a “serious crime”.
But the accused pair, part-time waiter Tung Sheung-lam, 23, and student Ting Chin-fung, 17, were each charged with one count of making or possessing explosive nonetheless, after the prosecution applied to charge them in a separate case.
Senior public prosecutor Karen Yuen Siu-yin told West Kowloon Court on Thursday the problem rose from a “procedural error”, which led to a delay in the proceedings by more than 2½ hours.
Under section 55(3) of the Crimes Ordinance, no prosecution for the offence in this case can be instituted without the written consent of the secretary for justice.
The law also requires the secretary for justice to give his or her consent before certain kinds of prosecution can be undertaken – as a safeguard to ensure the exercise of an appropriate level of scrutiny in serious crimes.