Counsel for Hong Kong justice minister suggests lawmakers’ immunity may not extend to remarks detrimental to national security, governing principle

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

Government counsel says immunity does not cover disturbances; Leung’s lawyer says intent of ordinance was to ‘keep court away’ for fear of impeding its work

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The Court of Final Appeal is hearing a case regarding the legality of charges brought against a former opposition lawmaker. Photo: Warton Li

Published: 10:33pm, 31 Aug 2021Updated: 9:12am, 1 Sep 2021

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. Photo: Sam Tsang

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.