New Legco Quorum Rule Is Illegal, Court Told

Former lawmaker Leung Kwok-hung has told the High Court that a change to lower the quorum numbers for some Legco meetings is unconstitutional and violates the Basic Law.

Leung, popularly known as Longhair, and retired civil servant Kwok Cheuk-kin are together asking for a judicial review over the legality of a Legco rule that was passed in 2017 to blunt the opposition's delaying tactics.

Leung's lawyer, senior counsel Hectar Pun, argued that the change in the minimum number of councillors required to be present for meetings to go ahead is unconstitutional because it violates the Basic Law, which states that “quorum for Legco meetings shall not be less than half of all its members”.

Speaking before the hearing, Leung said he feels obliged to bring the case to court as he was elected by the people as their representative to monitor what is going on in the Legislative Council.

Leung was disqualified over his oath taking along with five others and the pro-government side then used their numerical superiority to push through changes in Legco rules.

The pro-government side said the opposition was abusing the rules of procedures during debates of bills and voted in a rash of changes to curb this, including reducing the quorum at the full council meeting when lawmakers are vetting government bills.

Senior counsel Benjamin Yu is representing the Legislative Council while former justice secretary and senior counsel Wong Yan Lung will represent the justice department.