DoJ takes lawsuit to Hong Kong’s top court over Lam Cheuk-ting disclosing ICAC probe against police commander

The Department of Justice has taken the lawsuit against former pro-democracy lawmaker Lam Cheuk-ting to Hong Kong’s top court over the disclosure of the ICAC probe against then-Yuen Long district assistant commander Yau Nai-keung. 

According to the judiciary’s website, the hearing is scheduled at 9.30 am on March 7 and is expected to last for half an hour. 

The department’s application to the Court of Final Appeal came after Lam’s appeal had succeeded and his conviction of disclosing the identity of a person being investigated was quashed by the High Court on February 8. 

Lam, 44, was earlier convicted of three counts of the charge for disclosing that the ICAC had launched a probe against superintendent Yau Nai-keung in three press conferences on December 30, 2019, January 21 and July 16, 2020. 

It is understood that Yau was under ICAC investigation over alleged misconduct in public office for the July 21 mob attack at Yuen Long MTR station. 

Lam was handed a four-month jail term and he filed an appeal against his conviction and won. 

Deputy judge Douglas Yau Tak-hong said back then Lam suspectedly breached the law for he disclosed that commander Yau was being investigated for alleged misconduct in public office, which isn’t among the offenses under section 30(1)(b) of the Prevention of Bribery Ordinance. 

Judge Yau also said a more narrow interpretation should be applied that Lam didn’t disclose commander Yau being subjected to investigation over bribery offenses.