Director of Public Prosecutions Kevin Zervos has refuted claims that Melody Chan's prosecution is political, and says the defendant caused the time lapse.

Although she told the media after her court hearing that she had never avoided Police, the Department of Justice said this was contrary to facts to which she has admitted in open court, and it is in the public interest to set the record straight.

Mr Zervos made the point in court that Police tried to contact the defendant throughout 2012 and 2013, and that the time taken in bringing this prosecution resulted from the defendant avoiding Police. Ms Chan nor her counsel disputed the submission in court.

As Mr Zervos made clear previously and confirmed in court, Police acted in accordance with the legal advice given in December 2011.

The director has agreed to deal with Ms Chan's case by way of a bind over, given the case's circumstances.

He accepted Ms Chan's remorse as expressed previously in written submissions her lawyers put forward, stating the incident had "brought home to her the serious consequences of breaking the law" and that she realised she had to "face up to the consequences of her action".

Mr Zervos stressed the defendant is not being ‘let off,’ as she must give an undertaking to be on good behaviour for a 12-month period, during which a breach is liable for up to six months’ imprisonment.

The defendant and all citizens of Hong Kong enjoy the right to peaceful and lawful demonstration, though people should also respect each others’ rights and abide by the law, Mr Zervos said.