Hong Kong’s top judges to examine lawmaker freedoms in Legislative Council, after allowing ex-member ‘Long Hair’ to challenge contempt charge
- Court of Final Appeal grants Leung Kwok-hung his last opportunity to have the prosecution against him struck down
- Leung charged with contempt after snatching a folder from a government official during a Legco meeting in 2016
A former opposition lawmaker charged with contempt for allegedly disrupting a Legislative Council meeting can appeal to Hong Kong’s highest court to terminate the criminal proceedings, after three top judges agreed to examine the extent of immunity enjoyed by members in the legislature.
The Court of Final Appeal on Tuesday gave “Long Hair” Leung Kwok-hung one last chance to make his case for the prosecution to be struck down. The criminal proceedings were launched after he snatched a folder from a government official during a Legco meeting on November 15, 2016.
The case raises the question of how far the Legislative Council (Powers and Privileges) Ordinance protects lawmakers and their freedoms of speech and debate when they disturb meetings in the legislature. Its outcome will have a bearing on at least three similar prosecutions.
Leung, who is currently remanded in jail for allegedly breaking the national security law in another case, is believed to be the first member prosecuted under section 17c of the 1985 ordinance, which directly penalises interruptions of Legco sittings.
The 64-year-old previously pleaded not guilty to the contempt allegation, saying his actions were covered by privilege.
