Leung Kwok-hung loses appeal over folder-snatching

Former legislator Leung Kwok-hung on Monday lost a Court of Final Appeal bid to stave off a prosecution for contempt of Legco over his alleged snatching of a folder from an official at a meeting five years ago.

The Court of Final Appeal (CFA) ruled that Leung’s alleged action was not protected speech or debate.

Leung – who is currently in prison over protest and June 4 vigil-related charges – was taken to court under the Legislative Council (Powers and Privileges) Ordinance after being accused of grabbing documents from the then Under Secretary for Development, Eric Ma, on November 15, 2016.

A magistrate halted the prosecution, before the government convinced the Court of Appeal that it should go ahead. Leung then took the matter to the city’s top court.

His lawyers argued that as a lawmaker, Leung was immune from legal action for his statements at Legco meetings under the Basic Law, and that legislators’ freedom of speech and debate is protected by the powers and privileges ordinance.

In their ruling, a panel of five CFA judges said the protection of free speech and debate in Legco is self-evidently an important right and “it would be a significant inroad into that freedom if a member of Legco were subject to legal proceedings by things said by him in the course of sometimes heated political debate”.

But the court added that the powers and privileges ordinance also aims to create a “secure and dignified environment” for Legco to carry out its constitutional functions without disruption or disturbance.

It said Leung’s behaviour did not fall within speech or debate protected by the ordinance or the Basic Law.

“By his actions, the appellant created a disturbance which interfered with the ability of other members of Legco to carry out their proper functions. In doing so, he was not making a speech, nor was he participating in debating any business that was before the meeting.”

The court also rejected the defence’s argument that the judiciary should refrain from handling cases involving contempt of Legco under a ‘non-intervention principle’ derived from the idea of ‘separation of powers’ previously affirmed by the top court in a separate case.

It said the principle has no application in Leung’s case, adding that it does not require the courts to refuse to exercise criminal jurisdiction over a Legco member in a prosecution.

Leung’s wife and League of Social Democrats party-mate, Chan Po-ying, said she was disappointed with the ruling.

“I think this will set a very bad example for the future legislative councillors… in future, any action or any conduct which is not considered proper by the government will also be convicted under the contempt of Legco,” she said.

Chan added that Leung may have to face a retrial now that he has lost his appeal at the top court.