The Court of Final Appeal yesterday rejected an appeal against a verdict on a case of besieging the Legislative Council (Legco) building, and unambiguously pointed out in a written judgment "that a prior invitation by the president of Legco is not needed for a police officer to be on duty within the precincts of the Legco [building] and to qualify as an officer of the council."
This judgement is worthy of praise and support. In recent years, the opposition and some radical youngsters including "localists"and advocates for"independence for Hong Kong"have besieged the Legco building again and again, blocking vehicles of government officials and lawmakers from departing and even storming into the Chamber to shout and throw bits and bobs. The above-mentioned appeal case handled by the Court of Appeal is an example in this regard.
In 2014 when the Legco was deliberating the draft of the North East New Territories Development Plan proposed by the government, a number of protesters against the plan besieged the Legco building and attempted several times to force their way in, pounding and shattering the glass doors with iron barriers. Leung Hiu-yeung, one of the defendants in this case, appealed against his conviction by arguing that police officers had no right to enforce the law inside the Legco building. The Court of Final Appeal rejected his appeal yesterday, and set specific guidelines in its judgment for police officers to be on duty in the Legco.
It must be clarified, first of all, that police officers being entitled to be on duty inside the Legco is not meant to expand police power or restrict citizens’ right to demonstrate at the Legco, but because radical opposition's illegal assaults have already reached a considerably serious degree in recent years. Needless to say, the legislature is an institution to reflect popular will, hence it should not keep citizens out of its doors. In fact, there are public galleries inside the Legco and public-gathering areas outside. But certain violent sieges in recent years have exceeded the limit of peaceful expression, with participants having no scruples at all to wreak destruction as they have taken it as their"protective talisman"that the police would not readily come to enforce the law at Legco.
More importantly, maintaining order inside the legislature and for police officers to be on duty is just one aspect of the problem. It is not incidental for radicals to besiege and wreak destruction. The "source of trouble" in fact is inside the Legco itself. It is the opposition lawmakers who "set an example for the ranks". They recklessly create trouble in the Chamber by holding up placards, using foul language, grabbing documents [from government officials] and even throwing bananas and glasses… in addition to wantonly doing filibustering and demanding for headcount. So much so that the dignified image of the legislature has become damaged. Radicals then follow suit. As a result, the legislature, under "simultaneous attacks from within and without", is distorted beyond recognition and loses its authority and dignity. This is outrageous and heart-breaking.
In the oath-taking incident, Sixtus Leung Chung-hang and Yau Wai-ching, disqualified as they had been, still wanted to force their way into the Chamber, and some opposition lawmakers formed a "human shield" to escort them. In the chaotic situation, several security guards fell down and were hurt. In addition to physical violence, verbal violence also has serious bad effects. Days ago, Secretary for Justice Teresa Cheng Yeuk-wah came to the Legco on invitation to explain the problem of Unauthorized Building Works (UBW) found in her house. Several opposition lawmakers shouted at and gave her the rough side of their tongue as if they were "interrogating a suspect" without the minimal respect for a human being. What big crime had Teresa Cheng committed for her be subject to such humiliation?
Indisputably, the Basic Law stipulates in Article 77: "Members of the Legislative Council of the Hong Kong Special Administrative Region shall be immune from legal action in respect of their statements at meetings of the Council" and in Article 78: "Members of the Legislative Council of the Hong Kong Special Administrative Region shall not be subjected to arrest when attending or on their way to a meeting of the Council." This no doubt is for protecting Legco members' rights to exercise their normal powers and functions as lawmakers, but not meant to allow them to turn the Chamber into a "law-breaking paradise", regarding the rule of law as nothing. The Court of Final Appeal's judgement yesterday set specific guidelines for police officers to enforce the law in Legco, which should have a comprehensively regulative effect on keeping order in the legislature.
02 February 2018
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