Hong Kong lawmakers ‘not immune’ from Legislative Council contempt charges as Court of Appeal rules that ‘Long Hair’ Leung Kwok-hung trial should proceed
- Exempting legislators from being in contempt of Legco defeats purpose of the law protecting its functions, judges say
- Magistrate earlier found Leung’s actions were covered by privilege but ruling means criminal case should proceed
Hong Kong lawmakers are not immune from contempt charges if they disrupt Legislative Council meetings, the appeal court ruled as it gave the green light to restore criminal proceedings against ex-member “Long Hair” Leung Kwok-hung.
The former opposition lawmaker was set to stand trial over a 2016 incident in which he snatched a folder from a government official during a Legco meeting, until a magistrate two years later found the charge not applicable to a member and concluded his actions were covered by privilege.
But the Court of Appeal on Tuesday sided with prosecutors in finding the offence must apply, given it was created to ensure the legislature could properly discharge its constitutional functions, and excluding a member from the law would defeat that purpose.
The three-judge panel therefore sent the case back to the magistrate and directed her to proceed with the trial.
The case raises the question of how far lawmakers are protected by the Legislative Council (Powers and Privileges) Ordinance when they interrupt meetings while exercising their freedom of speech and debate in the legislature.
Hong Kong pro-democracy lawmakers ejected during chaotic Legco session
Leung, 64, is believed to be the first member prosecuted under the 1985 ordinance’s section 17c which directly penalises interruptions of Legco sittings.
