Paper-snatching Case Against Longhair Thrown Out

The West Kowloon Magistracy has thrown out a contempt of Legco case against ousted lawmaker Leung Kwok-hung, who snatched documents from a government official during a 2016 meeting.

The Acting Principal Magistrate, Ada Yim ruled lawmakers are not covered under contempt offences as defined in the Powers and Privileges Ordinance.

She said that “absolute privilege of free speech and debate enjoyed by Legco applies to individual members and that... any attempt to limit the privilege by an offence of contempt might cause a chilling effect and should be taken cautiously".

The League of Social Democrats member, popularly known as Longhair, was charged over his snatching of documents from the then-undersecretary for development Eric Ma during a during a joint meeting of the council's housing and development panels, on the proposed public housing development in Wang Chau, Yuen Long.

The prosecution argued that Leung contravened Section 17C of the Legco’s Powers and Privileges Ordinance – which says anyone who takes part in a disturbance that interrupts council proceedings can be fined up to HK$10,000 and jailed for 12 months.

But the judge said the ordinance does not cover lawmakers, and legislators who commit crimes inside the council are can be prosecuted under other laws.

The prosecution said it will decide in about two weeks' time whether to appeal the decision.

Leung welcomed the court ruling, saying that the judgement makes it clear that the ordinance can't be applied to lawmakers. But he said he can't say he is happy as the Department of Justice may still pursue the case.