Motion Tabled under Rule 49B(1) of Rules of Procedure

Speech of the Hon KP Chan on Motion Tabled under Rule 49B(1) of Rules of Procedure at the Legislative Council on 18 April 2012 (Synopsis)

• Major parties are split on this Motion on disqualifying the Hon Leung Kwok-hung. Those who are against it hold the view that the act of Hon Leung in this incident was to speak for the public and to protest for political rights. In my view, he is not motivated by personal interest but by his own belief. That said I am convinced that we should not consider this Motion on such ground but on facts instead.

• According to the Judgment, the Hon Leung was convicted on four counts of destruction of criminal nature and disruption of public order. To consider whether he should be disqualified, we should base on evidence. Otherwise, the public would not accept our decision. Therefore, even though he might have good cause, the Hon Leung is still liable to any consequence arising from misconduct. I trust that the Court of Law has taken into consideration the question of motive in passing sentence.

• To disqualify a Member of this Council is a serious matter and also defy the original choice of voters. It would need a strong case. On this occasion, what the Hon Leung had committed were offences of destruction of criminal nature and disruption of public order. The incident occurred during commotion with numerous incidents of push and tackle. Although I disprove his behavior, I would admit that it is not serious enough to warrant disqualification.

• I approve the initiative to move this Motion and show that the Legislative Council is indiscriminative. However, it does not mean that I support disqualifying the Hon Leung. Finally, I ask everybody to respect judicial independence. We cannot say that the court of law is upholding justice if the judgment is favourable and say that it is suppressing freedom of speech if the judgment is unfavourable. Selective comments of this sort are tantamount to undue pressure on the judiciary.

Social sharing