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Hong Kong justice secretary tries to have prosecution of policeman who shot protester thrown out by ‘assuming conduct’ of case

  • Letters from the Department of Justice to the courts request an early date for a hearing to withdraw summonses in the private prosecution
  • Democratic Party lawmaker Ted Hui, who initiated the case, said the move ‘blatantly overrides the rule of law’

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A police officer holds his gun to a protester’s chest during a protest in Sai Wan Ho last November. The officer ended up opening fire, hitting another protester (not pictured). Photos: Nora Tam

Hong Kong’s justice minister appears to have personally stepped in to seek the cancellation of a private prosecution against a police officer who shot a protester during an anti-government demonstration last year, drawing criticisms that her move overrode the rule of law.

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Democratic Party lawmaker Ted Hui Chi-fung, who filed the legal bid against the policeman, said he was furious at Secretary for Justice Teresa Cheng Yeuk-wah’s move, and was considering applying for a judicial review over her “intervention”.

Hui said she had invoked her powers to take control of the proceedings with the aim of having the summons withdrawn.

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His party released copies of letters sent to the courts from the Department of Justice saying “the SJ [Secretary for Justice] has intervened and assumed the conduct” of the proceedings under the Magistrates Ordinance.

“We write to request for an early mention date … before August 31, 2020 for the prosecution to withdraw the summonses,” one letter reads, adding that the department does not require the attendance of the defendant.

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