Chow and lawyer have case to answer for illegally bringing complaint form out of prison

Activist Owen Chow Ka-shing and his lawyer have a case to answer for allegedly carrying a complaint form to the ombudsmen out of prison without authorization, the West Kowloon Court ruled on Friday. 

Jobless Chow, 27, and assistant solicitor Phyllis Woo Wing-see, 30, were charged with a count of carrying an unauthorized article out of prison by national security police. Chow allegedly carried the complaint form out of Lai Chi Kok Reception Center through Woo on May 2 last year. 

Both of them earlier pleaded not guilty to the charge. 

In court today, the prosecution admitted that the form was an authorized article, but stressed that Chow only had the authorization to collect the form and not to mail it. Although the form had been filled, Chow should have informed the Correctional Services Department for approval. 

Therefore, the form later became unauthorized along with the act of Woo carrying it out of the prison, senior public prosecutor Vincent Lee Ting-wai said. 

Senior counsel Wong Ching-yu for Woo then said the prosecution misinterpreted the Prison Rules and pointed out that prisoners have the right to write and post a letter to the ombudsmen. The department has no power to authorize prisoners in mailing their letters. 

Wong added that not following the department’s internal guidelines doesn’t necessarily mean breaking the law. 

Principal magistrate Ivy Chui Yee-mei finally ruled that Chow and Woo have a case to answer. Both decided they won’t be testifying nor summoning any witnesses. The case was adjourned to next Tuesday (Jul 2). 

Chow continues to be on remand and Woo continues to be granted bail on the previous conditions. Chow is currently serving 61 months and 15 days for the July 1 riot at the Legislative Council chamber.