London Daily

Focus on the big picture.
Saturday, May 31, 2025

Counsel for Hong Kong justice minister argues lawmakers’ immunity not unlimited

Counsel for Hong Kong justice minister argues lawmakers’ immunity not unlimited

The suggestion was made in a Court of Final Appeal hearing on the legality of charges brought against ex-opposition lawmaker ‘Long Hair’ Leung Kwok-hung.

A senior counsel representing Hong Kong’s justice minister in a case before the city’s highest court has suggested that a law conferring immunity on legislators may not protect them from criminal sanctions arising from speeches deemed detrimental to national security or the “one country, two systems” principle.

The Court of Final Appeal on Tuesday heard arguments for and against the prosecution of former opposition lawmaker “Long Hair” Leung Kwok-hung, who was charged with contempt of the Legislative Council for snatching a folder from a government official during a 2016 panel meeting.

The trial of the 65-year-old was put on hold after a magistrate held that the accused, then a Legco member, was immune to the charge under the Legislative Council (Powers and Privileges) Ordinance. A higher court later overturned the ruling, finding legislators were not above the law, but that judgment was also appealed.

Counsel for “Longhair” Leung Kwok-hung (pictured) have argued that he enjoys immunity under the Legislative Council (Powers and Privileges) Ordinance.


Johnny Mok Shiu-luen SC, representing the secretary for justice, said the scope of the freedom of speech and debate enjoyed by Legco members was subject to statutory bounds, including offences set out in the 1985 ordinance. The law was initially designed to shield lawmakers from legal troubles in connection with debates in the legislature.

While Section 4 of the ordinance states that no legal proceedings can be launched against a lawmaker “for words spoken before, or written in a report to” a Legco sitting, Section 17 provides that a person who “creates or joins in any disturbance” shall be penalised.

Mok argued the legislation only granted lawmakers immunity over the content of their speeches in Legco, and it would still be possible for a member to be prosecuted for “abnormal” conduct which caused an interruption, such as speaking at the top of his or her voice or throwing objects.

Judge Roberto Ribeiro, one of five judges sitting in Tuesday’s hearing, questioned whether the charge was applicable if a lawmaker caused a disturbance by infuriating his or her colleagues with inflammatory remarks.

While acknowledging that members’ speeches made inside Legco were within the ordinance’s safeguards, Mok said immunity might not apply to remarks that ran contrary to the “basic values and principles” underlying the Basic Law, the city’s mini-constitution.

Such fundamental values included the one country, two systems governing principle, as well as Article 23 of the Basic Law, which required Hong Kong to enact laws of its own prohibiting certain national security offences, the lawyer contended.

“It is possible that … even a [Legco] member may not be at liberty in saying certain things,” Mok told the bench.

However, he quickly clarified that while the government might pursue that argument in future cases, that was not its position in the present appeal.

Leung’s counsel, David Pannick QC, submitted via a live video link from Britain that the Legco ordinance was designed to “keep the court away” from alleged breaches of in-house rules by members, as such outside intervention could impede or deter the performance of the legislature.

It would not have been the legislative intent, the barrister argued, to allow the court to define and set limits on lawmakers’ privilege. Otherwise, a member could be charged with contempt for causing an uproar by advancing serious allegations, such as dishonesty or corruption, against his or her colleagues.

“Members have to be conscious of the risk that they may be prosecuted. It may be a gesture. It may be some noise or some other conduct,” Pannick said.

The court will issue its judgment at a later date.

Leung, who is currently remanded in custody for alleged breaches of the Beijing-imposed national security law in another case, is believed to be the first Legco member prosecuted under Section 17c of the ordinance. The result of the appeal will have a bearing on at least four similar prosecutions.

Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×