Lawmakers Can Be Prosecuted For Unruly Acts: Court

"); jQuery("#212 h3").html("

Related News Programmes

"); });

2020-06-02 HKT 13:26

Share this story

facebook

  • The government has won its appeal in relation to a prosecution against disqualified legislator Leung Kwok-hung. File image: RTHK

    The government has won its appeal in relation to a prosecution against disqualified legislator Leung Kwok-hung. File image: RTHK

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.

RECENT NEWS

HKMA Warns Of Fake Stablecoins As Licensed Issuers Have Yet To Launch Tokens

The Hong Kong Monetary Authority (HKMA) has warned the public about fake stablecoins in Hong Kong, specifically flaggin... Read more

Tazapay Secures Money Service Operator License In Hong Kong

Singapore-based cross-border payments company Tazapay has secured a Money Service Operator (MSO) license in Hong Kong. ... Read more

Livi Bank Posts First Full-Year Profit In 2025 As Loans Rise 49%

Hong Kong digital bank livi bank reported a full-year profit of HK$21 million for 2025. For the year, total operating i... Read more

FWD Group Reports US$720M In New Business Sales As Expansion Continues

FWD Group reported a 4% year-on-year increase in new business sales to US$720 million for the first quarter of 2026, dr... Read more

WeLab Bank 2025 Revenue Hits HK$942M After Securing First-Half Profitability

WeLab Bank achieved profitability in the first half of 2025 and reported a 35% year-on-year revenue increase to HK$942 ... Read more

Ripple And Kbank Roll Out Institutional Digital Asset Wallet In South Korea

Ripple has partnered with Kbank to deploy an institutional digital asset wallet in Korea, equipping the internet bank w... Read more