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 HK, 12 foreign) Cited by 1 case

Outcome

Appeal dismissed

the appeal is unanimously dismissed.

Source: [2021] HKCFA 32, Court of Final Appeal, decided 27 September 2021. Read directly from the judgment.

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)

Citation influence

HKLII records this judgment as cited by 2 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2021] HKCFA 37 Court of Final Appeal

4 November 2021

[2024] HKCFI 1468 Court of First Instance

30 May 2024