Lawmakers Can Be Prosecuted For Unruly Acts: Court

The Court of Appeal on Tuesday ruled that legislators causing a disturbance during Legco meetings are not exempted from criminal sanctions, and the immunity they enjoy does not give them freedom to engage in disorderly conduct.

The ruling comes in response to the prosecution of former lawmaker Leung Kwok-hung, also known as “Longhair”, who was charged over the snatching of a folder of documents from the then development undersecretary, Eric Ma, during a panel meeting in November 2016.

Leung's trial was adjourned in 2018 after the magistrate ruled that Legco members are immune from prosecution for things they say or do in the council.

But the Department of Justice decided to challenge that decision.

At the ensuing higher court hearing, Leung’s lawyer argued that the Basic Law stipulates that legislators “shall be immune from legal actions in respect of their statements at meetings”, and they should enjoy absolute freedom of speech and debate to exercise their functions.

But in a written judgement handed down on Tuesday, the appeal court said disorderly conduct does not “go to the core or essential business of Legco” and the privilege lawmakers enjoy can not possibly cover disorderly acts that disrupt Legco affairs or infringe upon other councillors’ freedom of speech.

The Appeal Court sent the case back to the trial magistrate, and ordered her to restore the proceedings in accordance with this judgement.