HK DOJ is seeking to adjourn the pre-trial review for the trial of 5 #HKAlliance ex leaders for refusing to submit materials demanded by national security police till 29 Dec to wait for the leave application for the judicial review against the police notice’s legality set in Nov.
While the prosecution oppose bail for all 5 defendants, if adjournment is granted by #NSL magistrate Peter Law, that would mean the defendants will stay in jail for over 3 months since arrest in early September while the max penalty for the charge is only 6 months imprisonment.
The defense’s position opposing the adjourn lies upon the basis that the defendants are entitled to collateral challenge of the legality of the police notice in JR while the criminal trial of their non compliance to the notice goes on : Boddington v British Transport Police
Tsui Hon-kwong, D5 as well as main applicant of the JR, told the court via his lawyer Dykes SC that he can withdraw the JR application if #NSL magistrate Peter Law will deal with the legality of the notice in the trial - the core issue in both proceedings.
Yet the prosecution argued legality of the notice is not an element of offence so it should not be dealt with in the trial. #NSL Prosecutor Ivan Cheung said the trial judge should determine the legality on the surface ie whether it was issued under Schedule 5 and by police chief.
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