‘Long Hair’ Leung Kwok-hung protected from prosecution in folder snatching case, Hong Kong court rules
Judge says any attempt to limit lawmakers’ Legco privilege by an offence of contempt might cause ‘chilling effect’
The West Kowloon Court sided with the defence in ruling that Leung’s actions against then undersecretary for development Eric Ma Siu-cheung were within the privileges offered by the Legislative Council (Powers and Privileges) Ordinance.
Leung, 61, has pleaded not guilty to a summons of contempt under the ordinance. It is alleged that Leung created a disturbance during a Legco committee meeting on November 15, 2016, causing it to be interrupted or likely to be interrupted.
Prosecutors said Leung approached Ma to borrow his folder and did not return it when asked to do so by committee chairwoman Alice Mak Mei-kuen.
Prosecuting ‘Long Hair’ Leung for folder snatch incident ‘unconstitutional’, court hears
Acting principal magistrate Ada Yim Shun-yee said on Monday: “The absolute privilege of free speech and debate enjoyed by Legco applies to individual members, as Legco can only function through its members and any attempt to limit the privilege by an offence of contempt might cause a chilling effect and should be taken cautiously.”
She also noted that Legco is “well capable to control and penalise, if it so wishes, any disturbance created by its members during the proceedings to uphold its dignity, where the situation calls for it, without external assistance”.
