Legco Is No Independent Kingdom, Says Ronny Tong

Executive councillor Ronny Tong has rejected suggestions that lawmakers cannot be prosecuted for their actions in the legislature amid claims by government critics that the Legco Powers and Privileges Ordinance is being used to target them.

Eight pro-democracy politicians, among them both current and former legislators, have been arrested in the past two days over the chaos that rocked a Legco House Committee meeting in May. They are accused of violating the ordinance, specifically the offences of contempt, and interference with members, officers or witnesses.

Speaking on RTHK's Millennium programme on Monday, Tong, who's also a barrister, said the Court of Appeal had earlier ruled in a case involving former League of Social Democrats legislator Leung Kwok-hung that the Powers and Privileges Ordinance exempt speeches made by lawmakers, but not their actions.

Tong said Legco is not "an independent kingdom" and lawmakers still have to obey the laws of Hong Kong.

The police could deal with matters that the Legco president couldn't handle after the Legco Secretariat called the force for help, he said.

Critics have accused the police of selective enforcement, after no action has so far been taken against pro-government lawmakers who also left their seats and got involved in scuffles when the rival camps in Legco fought for the control of the influential House Committee.

But Tong said preventing others from obstructing a meeting is not a crime because there was no criminal intent.

Another senior counsel Alan Leong, who chairs the Civic Party, disagreed, saying the law enforcement action was clearly biased and the arrests were politically motivated.

Speaking on the same programme, Leong questioned why the police have not arrested Federation of Trade Unions lawmaker Kwok Wai-keung, who is the subject of a private prosecution by Ray Chan of People Power for alleged assault in the same meeting.

The police said they had completed their investigation into that incident and are seeking legal advice from the Department of Justice.

Leong accused the government of trying to instil fear among pan-democrat lawmakers who remain in the extended Legco.

"This is a political tool used to make democrats behave... How can you use a legislation made by the Legislative Council for its own protection to now cause harm to the legislators?" he asked.

He said once the legislation is used to target lawmakers, the Central and Hong Kong governments would be the ones to decide which protest actions are deemed acceptable in the legislature.

"Where do you draw the line? Once the protection shield is gone, everything goes," Leong said.