CFA To Hear Appeal On Legco File-snatching Case

Hong Kong's top court will hear an appeal from former lawmaker Leung Kwok-hung against a lower court's ruling that legislators do not enjoy immunity when they face charges over disruption of Legislative Council meetings.

The hearing, to be held at the end of August, marks the first time that the Court of Final Appeal has been asked to consider the conduct of a legislator at a Legco meeting.

The appeal stems from an incident at a joint meeting of Legco's panels on housing and development on November 15, 2016. Leung, who was a lawmaker at the time, approached the undersecretary for development and grabbed a folder that was placed in front of him.

He was prosecuted for contempt under section 17 of the Legislative Council (Powers and Privileges) Ordinance, but a magistrate ruled in 2018 that his actions were covered by section 3 of the ordinance, which covers freedom of speech and debate in the council.

That decision was challenged by the Department of Justice, with the Court of Appeal ruling in its favour and ordering the trial at the magistrate's court to proceed.

On Tuesday, Leung's lawyers argued before Chief Justice Andrew Cheung and permanent judges Joseph Fok and Roberto Ribeiro that the former lawmaker should be granted leave to appeal against the matter at the Court of Final Appeal.

They argued that it concerns two questions: freedom of speech for members of Legco, and the separation of powers relating to how Legco conducts its business. Queen's Counsel Lord Pannick, for Leung, said these are issues of considerable public importance and his client holds at least a reasonable prospect of success.

Pannick argued that section 17, relating to the contempt charge, does not cover lawmakers' conduct during Legco proceedings.

And he said section 3 of the ordinance, covering freedom of speech and debate within the council, was absolute. Legco also has ample powers to discipline members on its own, he argued.

Prosecutors argued that there was no such thing as privilege to create a disturbance to interrupt a Legco meeting, as this was not necessary to the proper function of Legco business and was not a duty or power of Legco members.

The Court of Final Appeal decided to grant leave to appeal, with the hearing set for August 31.