Review sought on cop and cabbie case interventions

Democratic Party politician Ted Hui Chi-fung has filed a judicial review against the Department of Justice's intervention in two private prosecution cases targeting a police officer and taxi driver.

Hui said the intervention runs against the Basic Law and the original goal of allowing citizens to launch private prosecutions against the authorities.

In late August, West Kowloon principal magistrate Peter Law Tak-chuen approved the DoJ's request to end private prosecutions against Henry Cheng Kwok-chuen, a taxi driver accused of dangerous driving last year, and a police officer who shot a 22-year-old protester in Sai Wan Ho last year.

Law agreed with the DoJ that there was insufficient evidence to proceed with prosecutions against the two.

Hui filed a judicial review application to the High Court yesterday demanding the court rule that the DoJ's intervention was unlawful and reverse its decision to drop the prosecutions.

Hui argued that the legal authority failed to consider all evidence that could convict the two defendants before ending the private prosecutions.

He also argued that testimony from eyewitnesses and surveillance footage from the scene would be enough to prove the officer had pointed a gun at citizens unlawfully and that the taxi driver had driven into the crowd when he was surrounded by protesters.

Hui also said that even though Secretary for Justice Teresa Cheng Yeuk-wah can manipulate all criminal prosecutions, she has applied the wrong legal principles, as there is enough evidence to convict the defendants.

Hui said the victims of the two cases are still facing rehabilitation treatment and lengthy legal processes, and it is unfair that their alleged attackers don't have to bear any legal responsibility.