Occupy activists arrested for obstructing Mong Kok clearance have summons discharged
Secretary for Justice Rimsky Yuen Kwok-keung said he respected the judge's decision and would look into the ruling.
Seventeen Occupy activists arrested during a clearance operation in Mong Kok urged a High Court judge yesterday to terminate their contempt of court case after the Department of Justice made an oversight and a “situational mistake”.
"In my view, I do not think I have the inherent jurisdiction to grant the extension of time," Mr Justice Anderson Chow Ka-ming said. He denied the department's request to file a "notice of appointment to hear the original summons", which should have been filed with the court before April 2 this year.
He accepted the explanation from department lawyers that the untimely filing was only an "oversight" and a "situational" mistake.
However, the judge ruled he had neither jurisdiction nor discretion to grant the department an exemption. He also ordered the department to pay for the 17 activists' legal costs.
Secretary for Justice Rimsky Yuen Kwok-keung said he respected the judge's decision and would look into the ruling, but claimed it was the department's understanding that there was no need to file the notice within 14 days.
