律政司粗暴干預中止西灣河交通部警署警長開槍案的私人檢控，民主黨立法會議員許智峯今日已去信律政司，要求律政司交代介入該私人檢控及撤銷檢控的原因和法律依據。同時，許智峯的律師團隊今日收到司法機構信件，得悉西九龍裁判法院將於8月24日下午3時半開庭處理律政司介入及撤控的決定，並應律政司要求，豁免開槍案被告警員出庭。許智峯直斥律政司以政治理由介入，是包庇警方及有違司法專業，想盡方法避免被告警員現身法庭尷尬。

許智峯指，私人檢控是其中一個從法律爭取公義的方法，現在律政司做法正企圖剝奪港人應有權利。許智峯說，「70年代的英國著名法官Lord Wilberforce曾說私人檢控是抵擋政府因循、偏頗的最有價值保障。今次律政司的撤控決定，正是以偏頗的做法，摧毀普通法下市民提出私人檢控的權利。」他強調，今次去信律政司要求解釋，是抗爭第一步，並會與律師團隊繼續研究，考慮採取司法覆核挑戰律政司這官官相衛的決定。他亦坦言，會寸土必爭，為公義盡力爭取到底。

民主黨立法會議員許智峯

2020年8月19日

--

HUI Chi-fung demands DOJ to disclose reasons for intervening in his private prosecution case and withdraw charges against policeman who fired live rounds

Department of Justice (DOJ) violently intervened in HUI Chi-fung’s private prosecution case against the policeman who fired live rounds in Sai Wan Ho. Democratic Party Legislative Councillor HUI Chi-fung wrote to the DOJ today to demand the reasons and legal basis for DOJ’s intervention in his private prosecution and withdrawal of the charges. At the same time, HUI Chi-fung’s legal team received a letter from the Judiciary today, informing them that West Kowloon Magistrates’ Courts will hold a hearing on 24th August at 15.50 to process DOJ's decisions, and has exempted the policeman who fired live rounds from appearing before the court as per DOJ’s request. HUI Chi-fung slams DOJ for politically intervening in the case, “not only are they condoning police’s actions and acting unprofessionally, they are also doing this to prevent the policeman from appearing before court to ‘save face’.”

HUI Chi-fung noted that private prosecution is one way to achieve justice through legal means, DOJ’s actions is stripping Hong Kongers of their rights. HUI Chi-fung said, “Renowned British Judge Lord Wilberforce once called the right of private prosecution ‘a valuable constitutional safeguard against inertia or partiality on the part of authority’. DOJ’s intervention is undoubtedly stripping ordinary citizen’s right of private prosecution against partiality on the part of authority under common law.”

HUI Chi-fung stressed that his letter to DOJ is just the first step in his long battle against injustice. He will continue to look into the possibility of challenging DOJ’s decision through judicial review. HUI Chi-fung promises to fight for justice till the end.

Democratic Party Legislative Councillor HUI Chi-fung, Ted

19th August 2020