Appeal sought in ruling that protected ex-Hong Kong lawmaker ‘Long Hair’ from contempt
Prosecutors argue case involves ‘constitutional elements’ such as doctrine of separation of powers
Hong Kong prosecutors will appeal against a magistrate’s ruling that lawmakers are protected from prosecution for contempt of the kind ex-legislator “Long Hair” Leung Kwok-hung was charged with.
Acting senior assistant director of public prosecutions Derek Lai Kim-wah on Friday announced the decision to appeal to the High Court, saying the case involved “important questions of law dealing with constitutional elements” such as the doctrine of separation of powers.
“It’s proper that it be canvassed by the Court of First Instance,” he told acting principal magistrate Ada Yim Shun-yee.
Prosecuting ‘Long Hair’ Leung for folder snatch incident ‘unconstitutional’, court hears
Leung, 61, has pleaded not guilty to a summons of contempt under the Legislative Council (Powers and Privileges) Ordinance. It was alleged that he created a disturbance that interrupted a meeting.
In response, Leung’s counsel Margaret Ng Ngoi-yee argued that his actions were protected by the absolute privilege of free speech and debate enjoyed by Legco.
The case is believed to be the first since the ordinance’s enactment in 1985 in which a Legco member has been prosecuted under Section 17c, which directly penalises interruptions of Legco sittings.