The Department of Justice (DoJ) has sought to overturn former pro-democracy lawmaker Lam Cheuk-ting’s acquittal on a charge of perverting the course of justice related to an incident during the 2019 protests and unrest.

Government prosecutors told the Court of Appeal on Thursday that Lam had the intent to pervert the course of justice by demanding that a person, referred to as “X,” delete photos of protesters at a march in July 2019.

The DoJ is also seeking to overturn acquittals for Lam’s co-defendants: former InMedia journalist Ronnie Tsang, 28, and social worker Aggie Chung, 39.

According to case details read out in previous hearings, Lam and Tsang were accused of committing acts with the intention to pervert the course of justice by asking X to delete from his phone photos showing the faces of protesters who might have committed criminal offences that day.

Tsang was also charged with unlawful assembly and later jailed for 13 months, while Chung was charged with access to a computer with dishonest intent and criminal damage for accessing X’s phone and deleting photos. However, Chung was later acquitted after the prosecution failed to prove dishonest intent.

Intention to pervert course of justice

Assistant Director of Public Prosecutions Ivan Cheung argued on Thursday that the District Court’s January 2023 ruling that Lam had no intention to pervert the course of justice was “counterintuitive,” online news outlet The Witness reported.

Cheung presented to the court a video of the exchange, in which Lam said that “what matters now is to delete the photos with protesters’ faces.”

Although Lam verbally said that he wanted to help X leave the scene, he could also have harboured an intent to pervert the course of justice, Cheung told the three appeal judges.

X had previously testified that Lam did not force him to delete the photos and that he agreed the lawmaker was mediating the situation.

The prosecutor said the lower court erred in finding that Lam had no intent to pervert the course of justice.

However, Judge Derek Pang said on Thursday that it was impossible to conclude that Lam had that intent, while Judge Judianna Barnes said Lam’s actions did not necessarily suggest his intent.

In response to Cheung’s argument that the three defendants invited suspicion upon themselves by being present at a protest, Pang said that this was not a rioting or unlawful assembly case, adding that he could not understand how suspicion could be inferred.

Barrister Erik Shum, representing Lam, noted that the lower court found no connection between Lam’s actions and any existing or potential legal proceedings. The prosecution at trial also failed to specify any crimes or legal proceedings, he said.

Lam’s acquittal could not be overturned if the prosecution failed to prove whether he had interfered with legal proceedings or had any intention to do so, Shum said.

A Hong Kong official has confirmed that the justice minister sent an internal memo urging department staff to provide information on the sources of allegations of a top government prosecutor’s misconduct.

Deputy Secretary for Justice Horace Cheung confirmed on Wednesday the existence of the internal memo sent by Secretary for Justice Paul Lam on Tuesday.

Cheung also warned the media against asking about unsubstantiated claims, lest such questions fuel those accusations. Continuing to ask about the “unsubstantiated allegations… would only fuel those accusations,” he said, Ming Pao reported.

Cheung appeared to be referring to overseas activist Frances Hui’s allegations that Director of Public Prosecutions Anthony Chau used public funds to pursue a romance with a female subordinate.

Hong Kong authorities have since slammed the viral claims, saying the allegations amounted to “malicious smearing.”

‘Unsubstantiated’

In the English-language memo, which circulated on social media, Lam told Department of Justice (DoJ) staff that he knew messages containing “unsubstantiated allegations against the colleagues involved had been widely circulated both within and outside DoJ.”

“I am most alarmed that those allegations were allegedly based on information provided by ‘insiders’. I have to say that I will be very upset and disappointed if this was true,” he wrote.

Echoing an earlier DoJ statement on Saturday, the justice chief said the matter had been reported to the police and that actions would be taken “if necessary depending on the result of the investigations.”

He also requested that DoJ staff not republish “any message containing those allegations” against Chau, reaffirm the department’s stance if asked about the matter, and disclose any “useful information concerning the source of the allegations” to the department.

Lam also said that the DoJ “always requires its staff to uphold utmost integrity” and that the department has procedures for colleagues to raise concerns and make complaints against suspected misconduct, adding that anonymous complaints would be “unhelpful.”

Neither Lam nor Cheung said whether the department would look into the misconduct allegations against Chau.

Cheung also told journalists on Wednesday that he would not comment further on the incident to avoid “encouraging unhealthy trends.”

In an e-mail response to HKFP’s enquiry, the DoJ confirmed the existence of the memo but said it “has no further comment to make on the matter.”

Chau was the prosecutor in high-profile national security cases, such as those involving the 47 democrats and pro-democracy media tycoon Jimmy Lai.

The DoJ also said on Saturday that the allegations against Chau “are completely without factual basis, entirely fabricated, and constitute malicious smearing.”

“It is ill-intentioned for someone to maliciously spread rumours online… and to deliberately smear dedicated prosecutors who perform duties in safeguarding national security,” the statement read.

Hong Kong authorities have slammed viral claims by an overseas activist, saying her allegations that a top government prosecutor used public funds to pursue a romance with a colleague amounted to “malicious smearing.”

The Department of Justice (DoJ) said they have referred the matter to police.

US-based activist Frances Hui alleged in a Facebook post – published in the early hours of Saturday local time – that the new Director of Public Prosecutions Anthony Chau had used his powers to arrange five-star hotels with a female subordinate, as well as give preferential treatment to her.

Hui, who is wanted under the national security law, cited insider sources as saying that Chau requested that police book rooms at the Murray Hotel for the two of them during occasions including Christmas, New Year and Valentine’s Day.

She added that Chau also gave the subordinate major roles to advance her career, including involvement in the Hong Kong Securities and Futures Commission’s high-profile trial against hedge fund Segantii.

Chau, who has served as a prosecutor for major national security cases – including the 47 democrats and Jimmy Lai proceedings – was promoted to the director of public prosecutions post last week.

The subordinate was also a prosecutor in the Lai case, working alongside Chau.

Hui added in her Facebook post that Chau’s predecessor and former superior, Maggie Yang, was aware of Chau’s acts.

‘Ill-intentioned’

In response to Hui’s post, the DoJ said in a statement published on Saturday afternoon that the allegations were “completely without factual basis, entirely fabricated, and constitute malicious smearing.”

“It is ill-intentioned for someone to maliciously spread rumours online… and to deliberately smear dedicated prosecutors who perform duties in safeguarding national security,” the statement read.

The allegations were intended to defame public officers, the department’s prosecution division, and “even the reputation of the entire department.”

It added that an earlier complaint had already been rejected: “The DoJ had earlier conducted a rigorous investigation into an anonymous complaint containing relevant content in accordance with the established procedures, and is confident that the allegations are completely without factual basis, entirely fabricated, and constitute malicious smearing.”

The DoJ added that it had referred this incident to law enforcement agencies for further investigation.

Hui was among five activists that national security police issued arrest warrants for in December 2023. She and the other activists have HK$1 million bounties on their heads.

The 26-year-old is wanted for allegedly colluding with foreign forces. She was granted asylum in the US in 2021.