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Hong Kong businesswoman loses appeal against court ruling to bar her from suing former chief of public broadcaster RTHK

  • Annie Kwok filed five summonses last year accusing Leung Ka-wing, then director of broadcasting, of misconduct in public office over four RTHK programmes
  • Court of Appeal rules she failed to provide evidence suggesting wilful misconduct by Leung

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The High Court has ruled that businesswoman Annie Kwok failed to provide evidence of misconduct by former RTHK boss Leung Ka-wing. Photo: Warton Li

A Hong Kong businesswoman has lost an appeal against a magistrate’s decision to bar her from taking the former head of public broadcaster RTHK to court over alleged misconduct.

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After the Court of Appeal’s ruling on Monday, Annie Kwok Tak-ying admitted she might not pursue the case any further, as the proposed defendant, Leung Ka-wing, had already stepped down and the station was moving towards becoming a “government mouthpiece” just as she wanted.

The case was among a string of high-profile private prosecutions commenced in early 2020, including those related to the anti-government protests in the previous year.
Businesswoman Annie Kwok filed five summonses to Sha Tin Court in April last year. Photo: Brian Wong
Businesswoman Annie Kwok filed five summonses to Sha Tin Court in April last year. Photo: Brian Wong

The Magistrates Ordinance allows aggrieved citizens to advance criminal complaints against others, but ultimate control rests with the justice minister, who can step in and abort proceedings or refuse to sign the indictment.

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Kwok filed five summonses to Sha Tin Court in April last year, accusing Leung, then director of broadcasting, of misconduct in public office in relation to four RTHK programmes.

She alleged Leung had promoted prejudice against police in the political satire Headliner, which included comedy sketches of officers’ work, and an episode of Pentaprism, where a university lecturer criticised the force’s handling of protests.

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