SECRETARY FOR JUSTICE V. LEUNG KWOK HUNG (梁國雄)

[2021] HKCFA 32 Court of Final Appeal 27 September 2021 • FACC3/2021 • 24 min read
12 cases cited (0 SG, 12 foreign) Cited by 1 case

Practice Areas

Basic Law Magistrates Ordinance

Judges (5)

Chan Coram Cheung Coram Fok Coram Lord Reed of Allermuir Coram Ribeiro Coram

Counsel (10)

Department of Justice Firm Ho Tse Wai & Partners Firm Antony Leung Counsel Respondent Carter Chim Counsel Appellant Jason Lee Counsel Appellant Johnny Mok Counsel Respondent Lord Pannick Counsel Appellant Margaret Ng Counsel Appellant Vinci Lam Counsel Respondent William Liu Counsel Respondent

Parties (2)

Secretary for Justice Respondent Leung Kwok Hung Appellant

Summary

Leung Kwok Hung, a former Legislative Council member, appealed against his conviction for contempt during a committee meeting under the Legislative Council (Powers and Privileges) Ordinance. The Court of Final Appeal considered the extent to which LegCo members may be subject to criminal prosecution for disorderly conduct interrupting proceedings and the scope of legislative privilege. The appeal was allowed.

Statutes Cited

Basic Law
Art 77
Magistrates Ordinance
s 105

Cases Cited (12)

UK (4)
[1949] AC 127 [2011] 1 AC 684 [2011] 1 WLR 504 [2019] 3 WLR 589
HK (8)
(2009) 12 HKCFAR 568 (2014) 17 HKCFAR 319 (2014) 17 HKCFAR 689 (2017) 20 HKCFAR 425 (2018) 21 HKCFAR 20 (2020) 23 HKCFAR 414 [2020] HKCA 424 [2020] HKCFA 33

Cited By (1)

[2021] HKCFA 37
HKSAR V. LO KIN MAN (盧建民) (and 1 other)

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2021] HKCFA 32)