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Image source,Reuters
Several legislators and security guards were injured during the conflict.
Hong Kong police arrested eight pan-democrats, including various current and former members of the Legislative Council, and accused them of disrupting a meeting of the House Committee of the Legislative Council in May this year. The police explained that they arrested these people on charges under the Legislative Council’s “Privilege Act”. The police actions once again sparked a discussion about whether this ordinance, which was originally intended to protect members of the Legislative Council, could be used to sue members of the Legislative Council.
Current Hong Kong Legislative Council members Yin Siu Kin, Huang Biyun, Hu Zhiwei, Zhang Chaoxiong, former members Zhu Haidi and Chen Zhiquan, and a pan-democratic activist Guo Yongjian on the public rostrum were arrested on Sunday (November 1). . They were accused of offending Hong Kong. The “crime of contempt” and the “crime of interfering with members of the Legislative Council” in the Ordinance of Powers and Privileges of the Legislative Council (called the “Privileges Law”), and another pan-democratic member, Xu Zhifeng, on Monday (2 November) The same charges were arrested and all have been released on bail.
Both the democratic and pro-government factions in Hong Kong have different views on whether the government can prosecute members of the Legislative Council under the “Privilege Act.” Leung Ka-kit, a former member of the Pan-Democratic Legislative Council, noted in an interview with the Hong Kong media that the Legislative Council passed the “Privilege Act” before the transfer of sovereignty from Hong Kong in 1985. Currently, the authorities use it to prevent the executive from interfering in the functioning of the Legislative Council. Prosecutors described the approach as “political.”
But Tang Jiahua, a member of the Executive Council, disagrees. He believes that the Privilege Act only protects speech and members should still be held criminally liable for their actions.
Many pan-democratic Hong Kong lawmakers criticized that the meeting was also attacked by some members of the establishment. They reported the incident to the police before, but the police took no action on it. Instead, he arrested the pan-democratic lawmakers, making them “switch plaintiffs.” Become the accused. “In response to the police action, establishment member Li Huiqiong, who chaired the meeting, said he believed that the police” would handle it fairly. “
In 2016, Liang Guoxiong, a former member of the pan-democratic legislature, was arrested by the police for violating the Legislative Council’s “Law of Privileges” in another incident. The court once put the case on hold because this law cannot be used to prosecute members, but this decision was later overturned and the case is not yet fully over.
What happened?
The incident was related to the election of the chairman of the House Committee of the Hong Kong Legislative Council last year. The election was chaired by pan-democratic member Kwok Wing-keng. However, he was accused of delaying the process and did not complete the election of the chairman of the House Committee of the Legislative Council from October last year to May this year. The chairman of the House Committee and establishment member Li Huiqiong from the previous year’s session held a special meeting in May and was chaired by her. The pan-democrats expressed their dissatisfaction with this. Many members chanted slogans from their seats and some left their seats. Some legislators favorable to the establishment had physical confrontations and, eventually, many legislators were expelled.
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A Hong Kong police spokesman explained on Sunday that the police received a report from the Legislative Council Secretariat at the time, stating that some members of the Legislative Council held a protest during the Legislative Council meeting in May this year, which which prevented the meeting from going smoothly, but the spokesperson did not specifically explain the arrest. What actions and actions of each person are suspected of breaking the law.
One of the arrested members, Chen Zhiquan, was released on bail and told reporters at the scene when he left the police station that he believed he had been arrested because he did not return to his seat as requested by President Li Huiqiong during the meeting. . Hong Kong media reported that at that time, some of the establishment members also did not return to their seats as requested by Li Huiqiong, but so far no establishment members have been arrested.
Chen Zhiquan once informed the police that the establishment member, Kwok Wai-keung, dragged him to the ground on the day of the meeting. Police said the case had been referred to the Department of Justice for consideration of filing a lawsuit, so it was inappropriate to respond to the incident. Chen Zhiquan also personally accused Guo Weiqiang of the attack, and the local court prepared to handle the case on November 9.
Image source,fake images
The House Committee of the Legislative Council, under the chairmanship of Kwok Wing-keng, did not elect a president for many months.
The outcome of the case may affect the seats of the remaining pan-Democratic members. According to the Hong Kong Basic Law, any member who has been sentenced to prison for more than one month, other members can apply for the removal of that member. If the motion is approved by more than two-thirds of the members present, it will be approved.
If the eight arrested are convicted, they will face up to 12 months in prison and a fine of 10,000 Hong Kong dollars (about 1,200 US dollars). Five of the titular members of the Legislative Council cannot attend Legislative Council meetings while in jail. If they are in jail at the same time, the establishment may proceed to remove these members. Other pan-democratic members will not have enough votes against him. But these bills must be filed after all court proceedings have been completed.
Controversy over the immunity of parliamentarians
One of the main criticisms from the pan-democrats is that the original intention of the Hong Kong Legislative Council’s “Law of Privileges” is to protect members and ensure that they can attend meetings and monitor the government. This law has now become a tool to repress members.
The provisions of the “Law of Privileges” stipulate that the members of the Legislative Council cannot be prosecuted criminally or civilly for their speeches in Parliament or reports presented. The authorities also cannot arrest members while attending a meeting, going to a meeting, or returning from a meeting. However, the provisions also stipulate that it is illegal for any person to assault, obstruct, or harass members who are in the Legislative Council Chamber, go to or leave the confines of the Legislative Council Chamber.
The provisions do not clearly stipulate whether the authorities can sue the members of the Legislative Council with the “law of privileges.” This issue has also become a subject of controversy in the courts.
Image source,Reuters
Liang Guoxiong previously applied directly to the Final Appeal Court for an appeal, but so far there has been no result.
The Hong Kong Legislative Council member who was sued by the authorities under the “Privilege Law” in recent years is Liang Guoxiong. He was charged with violating the “Law of Privileges” by removing documents from the desk of a government official while attending a Legislative Council meeting in 2016. The court once ruled that Liang Guoxiong was exonerated, saying that the crime of contempt is not applies to members of the Legislative Council, otherwise, it could affect the freedom of expression of members of Parliament.
The Hong Kong Department of Justice then resolved an appeal. Once the case was re-tried, the Court of Appeal declared that the “Privilege Act” was primarily aimed at maintaining a safe and dignified environment for Parliament, and that the “offense of contempt” was directed at “anyone “and it did not constitute legislation. The members of the meeting established an exception to revoke the original decision. Liang Guoxiong is requesting an appeal directly to the Final Appeal Court, with no results.
In 2018 and 2019, the Hong Kong government also prosecuted pan-democratic lawmakers with various provisions in the “Privilege Act” due to physical conflicts that occurred during Legislative Council meetings. None of these cases have resulted in sentences so far.
