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FAMC No. 20 of 2020
[2021] HKCFA 7
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 20 OF 2020 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO. 520 OF 2018)
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SECRETARY FOR JUSTICE |
Respondent |
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LEUNG KWOK HUNG |
Applicant |
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| Appeal Committee: Chief Justice Cheung, Mr Justice Ribeiro PJ and Mr Justice Fok PJ |
| Date of Hearing and Determination: 9 March 2021 |
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DETERMINATION
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Mr Justice Ribeiro PJ:
1.We grant leave to appeal in respect of the following questions of law, namely:
(1) Whether what is said and done during proceedings of the Legislative Council (“LegCo”) and its committees falls within the privilege enjoyed by LegCo provided that it does not amount to an ordinary criminal offence. (‘Question 1’)
(2) Upon the true interpretation of the Legislative Council (Powers and Privileges) Ordinance, Cap 382 (“LCPPO”):
(a) Whether section 17(c) applies to a member of LegCo. (‘Question 2(a)’)
(b) Whether ‘proceedings’ in section 17(c) is confined to proceedings involving the taking of evidence under oath. (‘Question 2(b)’)
(3) Whether the Court of Appeal was correct in respect of the following:
(a) That the absolute freedom of speech and debate of LegCo under section 3 of the LCPPO does not extend to conduct caught by section 17(c) of the LCPPO. (‘Question 3(a)’)
(b) That LegCo had, by enacting section 17(c) of the LCPPO, in fact relinquished to and/or conferred upon the courts a penal jurisdiction over the conduct and discipline of members of LegCo during the proceedings of LegCo and its committees. (‘Question 3(b)’)
(c) That section 17(c) of the LCPPO as applicable to a member of LegCo is not unconstitutional. (‘Question 3(c)’).
2.The appeal will be listed for hearing on 31 August 2021.
| (Andrew Cheung) |
(R A V Ribeiro) |
(Joseph Fok) |
| Chief Justice |
Permanent Judge |
Permanent Judge |
Lord David Philip Pannick, QC and Ms Margaret Ng, instructed by Ho Tse Wai & Partners, assigned by the Director of Legal Aid, Mr Carter Chim and Mr Jason Lee, instructed by Ho Tse Wai & Partners, on a pro bono basis, for the Applicant
Ms Vinci Lam, DDPP and Mr Antony Leung, SPP, of the Department of Justice, for the Respondent
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