London Daily

Focus on the big picture.
Thursday, Dec 25, 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
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
×