Hong Kong protests: former opposition lawmaker mounts legal challenge over Department of Justice’s decision to quash private prosecution bids against police officer, taxi driver

Democratic Party’s Ted Hui asks court to declare justice minister’s intervention and throwing out of two cases void and unconstitutional

Cases were halted after West Kowloon Magistracy in August approved the justice department’s request to withdraw charges over insufficient evidence

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Police officers subdue protesters blocking a road crossing in Sai Wan Ho on November 11, 2019. Photo: Nora Tam

Published: 7:39pm, 17 Nov 2020Updated: 8:21pm, 17 Nov 2020

A former Hong Kong opposition lawmaker has mounted a legal challenge over the Department of Justice’s decision to quash two private prosecution bids against a police officer who shot an anti-government demonstrator and a taxi driver accused of ramming his vehicle into protesters during last year’s social unrest.

In a writ submitted on Tuesday, the Democratic Party’s Ted Hui Chi-fung asked the court to declare the justice minister’s intervention and throwing out of the two cases were void and unconstitutional for being in violation of the Basic Law, the city’s mini constitution, which says the justice department’s prosecutions should be “free from any interference”.

The Democratic Party’s Ted Hui. Photo: Felix Wong

The two cases, one against an officer who shot a 21-year-old protester in the stomach amid a confrontation last November, and another involving taxi driver Henry Cheng Kwok-chuen who was accused of ramming a crowd of demonstrators in October last year, came to a halt after West Kowloon Magistracy in August approved the justice department’s request to withdraw the charges over insufficient evidence.

In June this year, Eastern Court Magistrate Lam Tsz-kan found Hui produced sufficient evidence to press ahead with three charges against the officer, including shooting with intent and two firearms charges, the former carrying a penalty of life imprisonment.

Taxi driver Cheng, 59, faced one count of dangerous driving under a court summons under Hui’s private prosecution, which is punishable by three years’ imprisonment and a fine.