The Court of First Instance has rejected the Department of Justice’s application to go to the top court over activist Avery Ng’s “smelly fish sandwich” case.
In September 2016, Ng threw a “smelly fish sandwich” at then-Chief Executive Leung Chun-ying during a protest. Leung was on his way to vote in the Legislative Council election and ducked as police officer Lau Wing-kwan blocked the incoming sandwich with his arm.
At the time, High Court judge Joseph Yau said it was “beyond question” that Ng’s actions constituted common assault against Leung. However, the Department of Justice had chosen to charge Ng with assaulting the police officer, instead of assaulting Leung. Yau said the Department of Justice failed to prove Ng assaulted Lau.
The Department of Justice then filed an application to the Court of First Instance to go to the Court of Final Appeal over the case.
On Thursday, judge Yau rejected the request, saying that the Department of Justice has the responsibility to prove all elements of the charge beyond reasonable doubt. He said there was not a point of law of great and general importance to be discussed at the top court.
Outside court, Ng said the Department of Justice had failed in its attempt to oppress him. He thanked judge Yau for the judgment.
“The Department of Justice has been too arrogant with its selective prosecution,” he said.
He added that the opposition still has opportunities for appeal in the Hong Kong judicial system, but people will have to face the mainland Chinese legal system, if the government’s controversial extradition bill is passed.
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