Hong Kong lawmaker’s bid to call 70 defence witnesses in assault trial rejected a second time
Magistrate Chu Chung-keung rules that Wong Yuk-man’s application did not meet legal requirements
Radical lawmaker Wong Yuk-man was rejected a second time in his application for summonses from the court to call 70 defence witnesses in a trial over his alleged assault on Chief Executive Leung Chun-ying in July 2014.
Eastern Court magistrate Chu Chung-keung ruled that Wong’s application did not meet legal requirements.
The same magistrate had rejected Wong’s request on March 10 as he found that Wong failed to show that his potential witnesses had seen the incident and would be able to assist the court in understanding the sequence of events.
Court rejects Hong Kong lawmaker’s bid to summon 70 officials and lawmakers to testify at his assault trial
But Chu said he would reconsider if Wong could provide the personal details of the government official whom Wong claims talked to him after the alleged incident, saying: “Don’t be so radical, throwing a glass.”
The magistrate said the comment suggested that the official may have seen what happened and could therefore provide key evidence to help the court.
Wong, 64, allegedly assaulted the city’s leader by throwing a glass and a sheaf of documents during a question-and-answer session on July 3, 2014 in the Legislative Council chamber.
The ruling on Friday meant Wong will not have any defence witnesses when the case returns to Eastern Court for trial on April 11 since he had previously told the court he could not find anyone to testify for him.
The prosecution, meanwhile, is expected to summon at least 20, including Leung and his bodyguards as well as one lawmaker.
Lawmaker Wong Yuk-man arrested for throwing glass at Chief Executive CY Leung
Wong said at the review hearing: “I am very disappointed with the court ruling.”
The lawmaker had argued that the magistrate had considered irrelevant factors when he first rejected the application, explaining that the law does not require defendants to show proposed witnesses will definitely assist the court in understanding the case.
Whether you’re paid salary the next day also depends on this budget deliberation
According to the Magistrates Ordinance, the magistrate shall issue summons under his hand and seal if it appears to the magistrate “by any credible person, that any person within Hong Kong is likely to give material evidence on behalf of the complainant or informant or defendant”.
Wong said he would seek legal advice and might appeal to the High Court while he prepares an application to halt the case.
He also asked to postpone the trial, given the documents he needed to prepare while coping with a busy Legco schedule.
“Whether you’re paid your salary the next day also depends on this budget deliberation,” Wong said.
But the magistrate replied that the request could not be processed without the prosecution, which did not attend the hearing on Friday.
“That’s all the court has to say,” Chu said before promptly returning to his chamber.
