Hong Kong lawmakers can face criminal charges for disrupting Legco, Court of Final Appeal rules in landmark decision
- Monday’s ruling could have a direct impact on 11 former opposition politicians facing charges tied to acts within legislature
- Defence had previously argued that Leung Kwok-hung’s snatching of a folder from a government official fell within bounds of free speech and debate
Five Court of Final Appeal judges on Monday unanimously upheld the legality of charging a lawmaker with contempt for causing disturbances during legislative sessions.
The highly anticipated ruling sets clear boundaries around the privilege enjoyed by Legco members under an ordinance conferring on them freedom of speech and debate inside the legislature.
Ex-lawmaker “Long Hair” Leung Kwok-hung, who lodged the appeal that led to the ruling, will now have to stand trial for snatching a folder from a government official during a panel meeting on November 15, 2016.
A magistrate halted the trial in March 2018 after ruling that Leung, then a lawmaker, was immune to the charge.
The Court of Appeal overturned the ruling in June last year, finding legislators were not above the law, but that judgment was also appealed.
