Hui fury as now crowd ramming case stopped

Justice secretary Teresa Cheng Yeuk-wah has struck again, intervening in a second private prosecution, this time involving a taxi driver who allegedly plowed his vehicle into a group of protesters in Sham Shui Po in October.

Democratic Party lawmaker Ted Hui Chi-fung, who initiated the private prosecution, was informed yesterday that the department of justice has taken over the case.

Henry Cheng Kwok-cheun, 59, was originally scheduled to appear in West Kowloon magistrates' courts on August 31 for dangerous driving on October 6.

But the department wrote to the court yesterday requesting a hearing between August 24 to 28 for the prosecution to withdraw the summons.

"We do not require the attendance of the defendant [Cheng] at the mention and respectfully request that his attendance be dispensed with," it wrote.

Hui released a letter yesterday, which was signed by Cheng, saying she would "intervene and assume conduct" of the case's proceedings.

Hui said that he is furious, and criticized Cheng for prohibiting the people of Hong Kong people from using private prosecutions to strive for justice.

"I will not let the secretary for justice Teresa Cheng Yeuk-wah fool around and use judiciary as a tool for totalitarian rule," Hui said.

He criticized Cheng for continually intervening in private prosecutions, adding that Cheng had used political reasons to override the rule of law.

"Cheng Yeuk-wah intervened in the private prosecution without providing any reasonable justification, which seems like the intervention is an action to support police brutality and support violence by people who support the government," Hui said.

He slammed Cheng for not being able to "distinguish between right or wrong," adding that Cheng has done severe damage to the right of citizens to initiate private prosecutions.

Hui also said he is considering filing a judicial review application and vowed to "fight till the end."

He launched the private prosecution against taxi driver Henry Cheng on February 24.

The writ states that Cheng's taxi was driven at high speed toward the junction of Cheung Sha Wan Road and Yen Chow Street, where over 100 protesters and others gathered, injuring at least three people.

Cheng could face up to four years in prison and a fine of HK$30,000 if he loses the case.

The department of justice intervened in another private prosecution launched by Hui on Wednesday against a policeman who shot a 22-year-old protester in Sai Wan Ho on November 11.

The department moved forward the court case from August 31 to next Monday and has exempted the policeman from appearing before the court as per the department's request.