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Xu Zhifeng's review of private prosecution was denied, the official accused Xu had long contemplated absconding if the lawsuit was against his conscience

2021-05-08T19:55:23.787Z


The Department of Justice intervened and revoked the two private prosecutions filed by former Member Hui Zhifeng, but he was dissatisfied with the decision and filed a judicial review. The Department of Justice believed that the court should not allow him to conduct a judicial review to avoid abuse.


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Written by: Li Huina

2021-05-07 17:05

The last update date: 2021-05-07 17:25

The Department of Justice intervened and revoked the two private prosecutions filed by former Member Hui Zhifeng, but he was dissatisfied with the decision and filed a judicial review. The Department of Justice believes that the court should not allow him to conduct a judicial review to avoid abuse of court procedures.

The High Court issued a ruling today (7th) stating that Xu planned to mislead the court and the police that he had only left Hong Kong for a short time and apparently intended to abscond. He also believed that he had planned an absconding plan before he filed a judicial review and believed that he was allowed to continue the litigation in this case. It violates public conscience and will also damage judicial justice, and eventually refuses to approve permission for review, and Xu also has to pay punitive costs.

The two private prosecutions filed by Xu Zhifeng were the shooting by the Sai Wan Ho Sheriff and the Sham Shui Po taxi driver hitting a person. Both cases were dropped due to the intervention of the Department of Justice.

At an earlier hearing, the representative of the Department of Justice pointed out that Xu was not a stakeholder in the judicial review, and that he lied to the court when he applied for bail in a criminal case and was allowed to leave Hong Kong but absconded. The court should not allow him Carry out this judicial review to avoid abuse of court procedures.

Xu systematically misleads the court

In his judgment, Judge Li Yunteng stated that Xu systematically misled the court and the police that he was only leaving Hong Kong for a short time, but in fact he planned not to face trial. He obviously intended to abscond. I believe he had conceived an absconding plan before submitting a judicial review.

Its behavior does not respect judicial justice

Although Xu’s lawyer stated that the reason for Xu’s absconding from Hong Kong has nothing to do with this case, Li Guan believes that Xu’s behavior shows that he does not respect the court and judicial justice. If he can continue the lawsuit in this case, it would violate the public conscience and also damage the judicial justice. .

Furthermore, even if the review is not approved, other stakeholders will not be negatively affected. The relevant stakeholders can still file civil claims against the two involved parties.

Case number: HCAL2270/2020

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Source: hk1

All news articles on 2021-05-08

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