Occupy protesters’ lawyer argues Hong Kong justice chief ‘stumbled’ in contempt of court charge
Counsel for arrested pro-democracy activists claims six-month time limit in which to prosecute offence has lapsed
The city’s top justice official “stumbled” when he decided to charge 30 protesters including student activist Joshua Wong Chi-fung with contempt of court after they were arrested over an Occupy clearance in 2014, a Hong Kong court heard on Thursday.
Representing the protesters, senior counsel Gerard McCoy argued the government faced a six-month time limit in which to prosecute a minor offence, meaning court action should have now lapsed.
Although Secretary of Justice Rimsky Yuen Kwok-keung was authorised to bring a case against the defendants due to public interest, he said, “in this case, he stumbled”.
The 30, who were not required to attend the hearing at the Court of Appeal on Thursday, asked for its permission to appeal after it allowed justice officials to instigate proceedings against them following a string of court battles challenging the prosecutor’s’ compliance with legal procedures.
The 30 who decided to appeal are among the 37 presently pursued by prosecutors for allegedly obstructing bailiff officers from clearing occupied roads in Mong Kok on November 26, 2014, as the pro-democracy protests wound down.