Democrats to stay out of vote to end probe on legislator

The Democratic Party will abstain from voting on a motion to call off a Legislative Council investigation into lawmaker Kam Nai-wai's allegedly unfair dismissal of a female aide.

The investigation is likely to go ahead as the motion - moved by tourism-sector lawmaker Paul Tse Wai-chun - might not be able to secure sufficient support from the legislature.

Legco is to debate and vote today on Tse's motion to scrap the investigation. If the motion is defeated, an earlier motion seeking to censure Kam would take effect without a vote, and investigations into his alleged misbehaviour, including a sexual harassment claim, would begin.

If found guilty, Kam would be sacked from office. Under Article 79 of the Basic Law, a lawmaker is disqualified for office if he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of Legco members. If a censure motion was passed, it would be the first time a Legco investigation sought to censure and disqualify a lawmaker.

The former aide, Kimmie Wong, gave her first public account last Thursday of how Kam made advances to her and later sacked her. She has refused to take part in the Legco investigation.

Yesterday, Democratic Party chairman Albert Ho Chun-yan said that if an investigation was launched, the investigators should seek Wong's co-operation.

She should appear before the investigation panel and answer questions from both the panel and the defendant, and written statements should not be accepted, to protect the rights of the defendant, Ho said.