刑事檢控科各律師/高級律 - Department of Justice

11
[English digest
of MA 1270 of
2003, above]
Tong J
(28.6.2004)
*Cheung Waisun
& Robert K Y Lee
#I/P
(1) KOO
Sze-yiu
(2) LEUNG
Kwokhung
Disturbance which interrupted the proceedings of the
Legislative Council/s 17(c) of the Legislative Council (Powers
and Privileges) Ordinance, Cap 382/Applicability/Notion of
stare decisis/Difference in maximum penalties under s 8 and
s 17(c), Cap 382
The Respondents were jointly charged with the offence of
creating a disturbance in the Legislative Council Building on 26
February 2003, which interrupted the proceedings of the
Legislative Council while the Council was sitting, contrary to s
17(c) of the Legislative Council (Powers and Privileges)
Ordinance, Cap 382.
Both Respondents pleaded not guilty. Having heard the
submissions, the magistrate acquitted them after trial and
dismissed the charge. In his verdict, the magistrate ruled that the
charge should have been one under s 8 and s 20 of the same
Ordinance instead of under s 17(c). The magistrate, however,
refused to exercise the power vested in him by s 27 of the
Magistrates Ordinance, Cap 227, to amend the charge to one under
s 8. The Appellant appealed against the magistrate’s
determination by way of case stated, pursuant to s 105 of the
Magistrates Ordinance, Cap 227.
There was little in dispute regarding the evidence. The
magistrate ruled that the Appellant had established the following
basic facts :
(1) About 5:30 pm on 26 February 2003, the
Legislative Council was conducting the First and
Second Reading of the National Security
(Legislative Provisions) Bill at the Legislative
Council Building at 8 Jackson Road, Central.
When the former Secretary for Security (Mrs
Regina Ip) was about to make her motion speech
on the Second Reading of the Bill, a group of
Legislative Councillors stood up to protest and
walked out of the Council Chamber. At this
juncture, some person(s) threw pieces of paper
from the No. 2 public gallery down to the Council
Chamber. The first and second Respondents also
stood up from their seats in the No. 2 public
gallery and shouted slogans (protesting against
Article 23 and demanding retraction of the blue
Bill). The second Respondent also tried to display
a black fabric banner;
(2) LegCo security officers came up to stop the two
Respondents, told them to keep quiet and to return