Social News
Written by: Li Huina
2019-12-12 13:26
Last updated: 2019-12-12 13:36Wu Minyuan, the chairman of the Shemin Lien Group, was accused on social media of disclosing Feng Shushuyi, the secretary of the Home Affairs Bureau, who was being investigated by the ICAC. He was sentenced to four months in prison for the disclosure of the identity of the investigator. The High Court earlier rejected his appeal. He applied to the High Court today (12th) for a certificate of leave to appeal, and the judge immediately rejected the application. He also stated that the case has been delayed, and Wu was only allowed to bail for another month, so that he can apply to the Court of Final Appeal for appeal. Without any application, Wu needs to continue serving his sentence.
Wu Wenyuan said outside the court that he would apply to the Court of Final Appeal for leave to appeal. (Photo by Li Huina)
Wu Wenyuan was accused of knowingly or suspecting that an investigation was alleged or suspected of committing an offence under Part II of the Prevention of Bribery Ordinance (Cap 201) between April 5 and May 24, 2016, and Disclosure to the public through the news media, Facebook, Twitter and Instagram that the permanent secretary of the Home Affairs Bureau, Feng Cheng Shuyi, was the ICAC's investigation target, but he argued that the disclosure was in the public interest and a reasonable excuse.
Whether increasing awareness constitutes a reasonable justification
Da Zeng, who represents Wu Wenyuan, said in court that the judge who handled the appeal appealed that Wu disclosed the information purely for the purpose of raising awareness and did not involve the public interest, so it did not constitute a reasonable excuse, so Wu was defeated. However, Da Zhe questioned whether Wu as a public figure and raising awareness could also constitute a reasonable excuse. Da Zhe believed that this was a legal issue and he hoped that the court would issue a certificate.
Officials consider the case to be a finding of fact
However, the judge bluntly stated that she considered this to be a fact finding, and that Wu never relied on raising awareness in the case as a reason for defense. Discussing whether raising awareness constitutes a reasonable justification is an academic issue, and she can only rely on major and extensive Legal issues of public interest decide whether to issue a certificate or not. The judge immediately refused to grant the certificate.
Wu Wenyuan granted bail pending appeal court's processing of disclosure of Feng Cheng's ultimate permission application next month
Wu Wenyuan throws San Wenzhi to the final court to explain why the refusal to grant leave to appeal also made the prosecution less worried
[Paramedic case] Wu Wenyuan and 3 others were sentenced to 14 days' probation and suspended for 1 year, and the other 5 defendants were sentenced to a service order.
[Parade of Interpretation of Law] Officials' Guidance for Citizens Square Not Applicable
Only Wu can be bailed for another month
In addition, the judge also mentioned that it had been more than half a year since the High Court rejected his appeal. The court only approved Wu in July because he did not want Wu to sit in vain, but Wu “dragged” the case. It was decided that he would only be granted bail for another month so that he could apply to the Court of Final Appeal for leave to appeal. If he had not yet applied to the Court of Final Appeal and was granted bail by the Court of Final Appeal, he would need to continue serving his sentence.
Wu said outside the court that he currently has 31 days to go before serving. He considers the case to be a selective political prosecution and the sentence involves major injustices. The case also prevents him from running for 5 years, so he will insist on conviction and sentence. Appeal to the Court of Final Appeal.
Case number: HCMA264 / 2018
Wu Wenyuan Feng Cheng Shuyi appealed to bail court