Hong Kong justice secretary says ‘improper’ intent, political motivations reasons to quash private criminal prosecutions

Teresa Cheng’s comments come as several such prosecutions, including ones tied to last year’s anti-government protests, have been allowed to proceed

Last month, opposition lawmaker Raymond Chan used the tactic to pursue an assault case against pro-Beijing counterpart Kwok Wai-keung

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Hong Kong Secretary for Justice Teresa Cheng on Tuesday underscored her department’s right to quash private prosecutions believed to be motivated by politics or ‘improper’ intent. Photo: Nora Tam

Published: 5:40pm, 16 Jun 2020Updated: 11:29pm, 16 Jun 2020

Hong Kong prosecutors are obliged to stop criminal proceedings launched by private residents if they are spurred by “improper” intent or political considerations, the city’s justice secretary has said.

Secretary for Justice Teresa Cheng Yeuk-wah hinted on Tuesday that the Department of Justice could consider intervening in a string of high-profile private prosecution proceedings initiated in recent months, including those related to last year’s social unrest.

Since February, cases have been brought against a taxi driver accused of ramming his cab into a crowd of demonstrators, a police officer who shot a protester, a lawmaker said to have assaulted an opposition counterpart, and public officials accused of misconduct.

Opposition lawmaker Raymond Chan has filed a private prosecution against pro-Beijing counterpark Kwok Wai-keung, who he has accused of violently dragging him to the floor during a melee in Legco. Photo: Dickson Lee

On the department’s website, Cheng wrote that residents’ rights to lodge criminal complaints in court, enshrined in section 14 of the Magistrates Ordinance, might be open to abuse, and that her department had the constitutional duty to put an end to proceedings prosecutors consider inappropriate.

“Private prosecutions which are groundless or frivolous or brought out of improper motives or political considerations should not be condoned,” Cheng said.