Advertisement
Hong Kong courts
Hong KongLaw and Crime

Hong Kong district councillor loses final appeal over her Nazi banner-waving protest at Legco

Court accepts chamber’s rules as proportionate and constitutionally valid

2-MIN READ2-MIN
One of the two incidents in question at the Legislative Council public gallery in Tamar in May 2014. Photo: Dickson Lee
Jasmine SiuandNg Kang-chung

A Hong Kong district councillor who was fined after yelling and waving a Nazi banner while protesting a landfill expansion plan during a legislative debate three years ago lost her final appeal on Wednesday at the city’s highest court.

The five judges at the Court of Final Appeal unanimously dismissed the action brought by Sai Kung district councillor Christine Fong Kwok-shan, 51, and accepted that the Legislative Council’s rules restricting protests at the chamber were proportionate and constitutionally valid.

But the judges did not accept the prosecution’s claim that the public had no right to express themselves in the public gallery owned by the government, saying the argument “subjugated a fundamental constitutional right to property interests”.

Advertisement
Fong was ordered to pay a HK$2,000 fine, and she and two of her assistants were convicted of violating a Legco ordinance. Photo: Dickson Lee
Fong was ordered to pay a HK$2,000 fine, and she and two of her assistants were convicted of violating a Legco ordinance. Photo: Dickson Lee

Fong was previously fined HK$2,000 for twice violating the council’s administrative instructions when she yelled and displayed a Nazi banner during a Legco subcommittee meeting in May 2014. She was protesting against a plan to expand a landfill in Tseung Kwan O.

Advertisement

The independent district councillor wore a T-shirt that read “protect Tseung Kwan O” and held a banner bearing a swastika, the symbol of Adolf Hitler’s Nazi Party, and yelled in the council’s public gallery during a meeting on May 7, 2014.

Advertisement
Select Voice
Select Speed
1.00x