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Hong KongPolitics

Hong Kong police officers can operate at Legco without prior approval or invitation, court rules

Pro-democracy activist Leung Hiu-yeung had argued that police should only be legally regarded as Legco officers under a written invitation or request signed by the Legco’s president

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Police officers outside the Legislative Council in Tamar. Photo: Felix Wong
Tony Cheung

Hong Kong’s top court has ruled that police officers can be on duty at the Legislative Council building without the legislature’s prior invitation or approval.

The ruling, handed down by the Court of Final Appeal on Thursday, was in contrast to the understanding of opposition pan-democrat lawmakers.

It was made as the top court rejected the appeal from pro-democracy activist Leung Hiu-yeung, who was jailed last summer for storming the Legco building in June 2014 over a controversial new town development project. Leung was convicted on one count of taking part in an unlawful assembly and one count of obstructing an officer of the Legco in the execution of his duty.
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In the appeal hearing on January 10, Leung’s counsel Philip Dykes argued that his client’s conviction only concerned his confrontation with a police inspector, not the Legco’s security officers.

Officers patrol the Central Government Offices and Legco Complex in Admiralty. Photo: Sam Tsang
Officers patrol the Central Government Offices and Legco Complex in Admiralty. Photo: Sam Tsang
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Dykes argued that police officers can only be legally regarded as Legco officers under a written invitation or request signed by the Legco’s president, who was Jasper Tsang Yok-sing at that time. Yet, Tsang only asked the police force for help in his capacity as chairman of the Legco Commission. he said.

According to the judgment handed down on Thursday, the court “held that a prior invitation by the president of Legco is not needed for a police officer to be on duty within the precincts of the Legco [building] and to qualify as an officer of the council.”

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