Man allowed to take cable ties case forward

The Court of Appeal has given the green light for a man jailed for possessing cable ties in 2019 to challenge his conviction and sentence in the city’s top court.

Chan Chun-kit, 35, who’s a real estate agent, was found guilty by Eastern Court in August 2020 for possessing instruments fit for unlawful purposes.

He has completed his five-and-a-half-month prison term.

Chan was found with a bag of cable ties when he was stopped and searched by police at an intersection of Percival Street and Russell Street in Causeway Bay on November 2, 2019 when an unauthorised assembly was taking place in Victoria Park.

The Court of Appeal dismissed his appeal in October last year.

But justices Jeremy Poon, Derek Pang and Anthea Pang of the Court of Appeal on Wednesday ruled that questions raised by Chan were points of law of great and general importance, and granted a certificate for leave for him to take his case to the Court of Final Appeal.

Chan’s lawyers earlier argued that the court should determine the scope of “unlawful purposes” in the offence, and decide whether prosecution must prove a defendant has the intent to use an instrument for unlawful purposes.

The Court of Final Appeal will have to decide whether to hear his case.