- Education University’s Kex Leung goes to High Court over August 31 incident where he was arrested inside Prince Edward station
- Rail operator challenges injunction as judge acknowledges court may not have jurisdiction in case
A Hong Kong student leader arrested at an MTR station during a chaotic police operation has demanded a court order for the preservation of security camera footage of the incident.
On Monday, lawyers for Education University's student union president Kex Leung Yiu-ting asked the High Court to order the MTR Corporation to keep unedited footage taken from two stations linked to the police operation on August 31.
But the railway operator questioned if the court had the jurisdiction to grant the injunctive relief, and said the footage would be kept for three years, as it had previously assured the public it would.
Mr Justice Anderson Chow Ka-ming acknowledged that the court could only order the preservation when there is evidence MTR Corp may destroy the footage. The judge will hand down his decision on a later date.
Leung's request was revealed a week after he took the rail operator to the same court demanding the compulsory disclosure of that footage to his lawyers, as he is considering a separate legal action against police.
Officials are still struggling to debunk rumours that three people died at Prince Edward station that night, as protesters continue to place floral tributes and burn paper offerings outside exit B1, which remains closed even though the station has reopened.
News footage from August 31 showed officers of the Special Tactical Squad, known as Raptors, and officers in riot gear entering the station at 10.55pm, and storming a stationary train to go after protesters, some of who they said had changed out of their black clothes and blended in with passengers.
In the line of fire: well-connected Hong Kong neighbourhood Prince Edward bears the brunt of anti-government unrest
But parts of what happened afterwards went undocumented as reporters were told to leave the platform at 11.10pm and expelled from the station 30 minutes later.
Leung, who was among 63 people arrested in the operation, said officers detained him against his will when they trapped him in the middle of an escalator inside the station.
His counsel, Anthony Cheung, said they plan to sue the police commissioner for damages over the injuries Leung allegedly sustained because of police assault, battery and false imprisonment.
They have asked for footage of Prince Edward station from 9.45pm on August 31 to 1.45am on September 1, and of Lai Chi Kok station from 12.30am to 2am on September 1. Seven injured protesters were taken by train to Lai Chi Kok first before they were sent to the hospitals.
MTR Corp last week released 26 screenshots from security footage and said that it would keep "relevant footage from Prince Edward Station and other relevant stations" for three years.
The footage will not be destroyed after the usual 28 days, but will be kept for three yearsMTR Corp lawyer Kathryn Sanger
But Cheung said the still images were not enough, and questioned if the railway operator was the most appropriate party to decide what footage is relevant for retention beyond the usual period of 28 days.
"Without an order for preservation, security footage material to the plaintiff's claim may be destroyed on September 28," Cheung said.
Kathryn Sanger, for MTR Corp, said there was no risk of destruction as a senior legal adviser to the company had signed a document stating it would keep the footage for three years.
"The footage will not be destroyed after the usual 28 days, but will be kept for three years," she said. "The defendant has confirmed on oath."
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