SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG

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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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.