A brother and sister will be on opposing sides in a high-profile court battle after Senior Counsel Benjamin Yu Yuk-hoi was appointed to replace Queen's Counsel David Perry, who was forced to drop out as chief prosecutor in Jimmy Lai's illegal assembly case.
Yu, who specializes in civil cases and has represented the SAR government in many judicial reviews, will battle it out with his elder sister and Senior Counsel Audrey Eu Yuet-mee, who will represent Lai.
Next Digital founder Lai Chee-ying, 73, will go on trial in the District Court on February 16 for allegedly organizing and taking part in an unauthorized assembly on August 18, 2019, with seven other prominent pro-democracy politicians.
They are Martin Lee Chu-ming, Albert Ho Chun-yan, Lee Cheuk-yan, Margaret Ng Ngoi-yee, Cyd Ho Sau-lan, "Long Hair" Leung Kwok-hung and Leung Yiu-chung.
Another defendant, former lawmaker Au Nok-hin, has indicated that he will plead guilty to both charges.
It is understood that the prosecution will say in its opening statement that police banned the march on August 18, 2019, because all rallies organized by the Civil Human Rights Front and other pro-democracy groups since June had descended into violence.
Police had issued a no-objection letter for the rally in Victoria Park only and banned the march on Chater Road. But the defendants insisted on marching outside Victoria Park regardless of police warnings and the rally eventually caused traffic jams.
The prosecution will also tell the court that police officers did not arrest the defendants at the scene to avoid triggering protesters' anger and did not assign armed officers to guard the march route.
Sources said the prosecution will summon seven witnesses to testify in court, including six police officers and one MTR staff member.
The staff will testify that the MTR service was normal on the day, indicating it was unreasonable for the defendants to take almost two hours to lead the crowd walking from Victoria Park to the pedestrian precinct on Chater Road.
It is understood that five senior counsel will be representing the defendants: Yu's sister Eu, Ambrose Ho Pui-him, Hectar Pun Hei, Lawrence Lok Ying-kam and Paul Harris. Lai will be represented by Eu, barrister Jeffrey Tam Chun-kit and Ernie Tung Ho-chit.
It is not the first time Yu and his sister have stood on opposite sides. In the judicial review case of the Legislative Council oath-taking dispute in 2016, Yu represented the government while Eu represented disqualified lawmaker Edward Yiu Chung-yim.
Barrister Albert Luk Wai-hung yesterday told The Standard that there is no conflict of interest if barristers on opposite sides are related and they do not need to go through special legal procedures because of their kinship.
But Luk said the barristers are supposed to inform other barristers involved in the case as well as the court about their relationship as a tradition in the law profession.
Earlier in the month, the Department of Justice had hired top prosecutor Perry to handle the unauthorized assembly case and his appointment was approved by the High Court.
But the appointment has since attracted scrutiny in Britain, including from Foreign Minister Dominic Raab, who said people would regard Perry's move as being "pretty mercenary."
The Department of Justice later announced that Perry opted for an exit and expressed concern about the pressures from Britain and the exemption of quarantine. He said the trial should proceed without him.
Meanwhile, three Court of Final Appeal judges, Joseph Paul Fok Shiu-kong, Patrick Chan Siu-oi and Frank Stock, have been appointed by Chief Executive Carrie Lam Cheung Yuet-ngor to handle national security law cases.
They will hear Lai's appeal on bail together with Chief Justice Andrew Cheung Kui-nung and permanent judge Roberto Ribeiro on Monday.
Lai has been charged with collusion with foreign forces under the national security law and was granted bail on December 23 by High Court Judge Alex Lee Wan-tang.
However, the city's top court on December 31 allowed government prosecutors to appeal against the High Court's decision, and Lai was once again remanded in custody until his court appearance on Monday.
wallis.wang@singtaonewscorp.com
