民主黨立法會議員許智峯就去年的西灣河警長開槍案及深水埗的士司機撞人案提出私人檢控，並獲法庭批出傳票，惟律政司上週去信介入，要求撤銷兩案的私人檢控。案件今日開庭，最終獲西九龍裁判法院裁判官批准。許智峯坦言對結果感到失望及憤怒，斥律政司司長鄭若驊推翻法庭傳票決定，是向受害人的傷口撤鹽，他坦言，受害人目前仍未康復，事件發生至今，對他們的身心靈造成嚴重傷害，但律政司卻以扼殺公民透過法治、以私人檢控權利爭取公義，以政治、人治凌駕法治。

對於律政司提出的介入及撤控原因，許智峯批評律政司指兩案件「證據不足」的說法無法令人接受，「律政司聲稱警方獨立調查小組曾對該兩宗案件進行調查，但從沒有公布過有關調查安排及內容，而且是警方自己人調查自己人，事主即使曾報案，都沒獲知會調查情況。」許智峯又指律政司表明不會公開調查報告，他批評是黑箱作業，十分荒謬。

許智峯形容，鄭若驊是濫用權力，「將政治及人治凌駕法治，意圖封殺港人以私人檢控爭取公義的權利。」許智峯強調，即使面對政府橫蠻無理打壓，都必須捍衛公民採取私人檢控爭取公義的權利，寸土必爭，會與律師團隊商討，考慮提出司法覆核。

許智峯提出的兩宗私人檢控：

1. 2019年11月11 日西灣河一名交通部警長向年輕人開槍案件，被告被控3項控罪，分別為意圖造成身體嚴重傷害而射擊、罔顧他人安全的情況下發射彈藥，及處理槍械而其方式相當可能傷害或危害他人的安全。原定於今年8月31日審訊。

2. 10月6日的士司機涉於深水埗剷上行人路撞人案件，被告被控危險駕駛。原定於今年8月31日審訊。

民主黨立法會議員許智峯

2020年8月24日

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DOJ withdrew charges in two private prosecution cases

HUI Chi-fung: DOJ is adding insult to victims’ injuries

Democratic Party Legislative Councillor HUI Chi-fung instituted two private prosecutions against the police officer who opened fire in Sai Wan Ho and against the taxi driver who drove into a crowd of pedestrians in Sham Shui Po last year. Summons were issued by the magistrate in both cases but the Department of Justice (DOJ) wrote to intervene and withdraw the charges last week. A hearing was scheduled today and the magistrate approved the request. HUI Chi-fung is furious and disappointed at the result, and describes Secretary for Justice, Teresa Cheng’s, withdrawal of summons as “adding insult to victims’ injuries”. HUI said, “The victims have yet to fully recover from their injuries and have been physically and psychologically tormented by the incidents since. Yet DOJ squashed citizen’s right of private prosecution to deny justice and put politics and rule of man before rule of law.”  

Regarding the reasons DOJ gave for intervening and withdrawing the charges, HUI said, “DOJ’s excuse of ‘insufficient evidence’ is hard to swallow. DOJ claimed that Police’s independent investigative task force investigated the cases, but none of the details and conclusions had been disclosed. In addition, the case involving the police officer was investigated by the police, even though the victim reported the case to the police, he was not notified of the results.” HUI described DOJ’s operation as a black box and finds their decision of not making the report public “ridiculous”.  

HUI commented, “Not only is Teresa Cheng abusing her power to put politics and rule of man before rule of law, her action also undermines citizen’s right of private prosecution as a means of fighting for justice.” HUI stressed that he will give his all to safeguard ordinary citizen’s right of private prosecution amidst government’s unreasonable suppression. He will continue to fight against injustice and discuss his possible follow-up actions with his legal team, including filing a judicial review.

HUI’s two private prosecution cases:

1. The police officer who shot a protester in Sai Wan Ho on 11th November 2019 was charged with shooting with intent to do grievous bodily harm, discharging ammunition with reckless disregard for the safety of others, and dealing with arms in a manner likely to injure, or endanger the safety of other person. The hearing was originally scheduled on 31st August this year.

2. The taxi driver who drove into a crowd of pedestrians in Sham Shui Po on 6th October 2019 was charged with dangerous driving. The hearing was originally scheduled on 31st August this year.  

Democratic Party Legislative Councillor HUI Chi-fung,Ted

24th August 2020