Hong Kong protest-related MTR closures challenged in court
- The closures of stations near protest sites were unprecedented during months of recent anti-government unrest
- Former civil servant applies for judicial review against MTR Corporation, saying its actions led to clashes with police
Hong Kong’s railway operator was on Wednesday hit with a legal challenge against its suspension of services over the weekend, which allegedly left anti-government protesters stranded on the streets, resulting in disturbances.
Referring to violent clashes in east Kowloon last week, he said: “All of that was caused by the MTR Corporation.”
Kwok named MTR Corp chairman Rex Auyeung Pak-kuen as one of the two respondents. But instead of recently appointed CEO Jacob Kam Chak-pui, Kwok named his predecessor Lincoln Leong Kwok-kuen as the other respondent. He later said it was a mistake and he had been unaware of the changes at the top of the company.
Just before another round of anti-government protests began at the weekend, the MTR Corp announced it would suspend some services, and closed train stations in and near affected areas.
The move was unprecedented during the ongoing protests, now in their 12th consecutive week.
For Saturday’s rally in Kwun Tong, train services between Choi Hung and Tiu Keng Leng on the Kwun Tong line were suspended, with stations from Kowloon Bay to Lam Tin closed.
A day later, the corporation shut down Tsuen Wan and Kwai Fong stations on the Tsuen Wan line and Tsuen Wan West station on the West Rail line ahead of another protest in Tsuen Wan.
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Both demonstrations – despite getting police approval and starting peacefully – eventually descended into chaos as protesters clashed with police, hurling petrol bombs. Police fired tear gas in response.
On Sunday, police officers also deployed water cannon trucks for the first time. One officer, being chased by protesters, drew his gun and fired a warning shot in the air.
Kwok’s court filing said the suspended train services left protesters with no means of leaving. Police officers had to take action because the crowd was building up, he suggested. So it caused tension to escalate, resulting in the clashes, he said.
He asked the court to find that “the MTR Corporation should bear the consequences of the two disturbances”.
Speaking outside court, Kwok criticised the corporation for, as he saw it, not placing its trust in the court. Last week the operator sought an injunction order barring protesters from besieging stations, as it became increasingly embroiled in the political crisis.
Kwok said that, with the injunction order, it would be unnecessary for the MTR Corp to suspend services.
“If you don’t trust the court, why did you apply for an injunction in the first place?” he said.
An MTR Corp spokesman said it had no comment on the case.
Protesters have complained that the rail giant turned a blind eye to unnecessary police force inside station, and allowed alleged gang members to attack them a month ago at a station in Yuen Long.
Meanwhile, Beijing’s mouthpiece People’s Daily asserted in a commentary that, on the contrary, the train operator had been too accommodating to protesters.
