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Opinion | A misleading slogan by the opposition camp: political prosecution HK
Current2小時前
By Athena Kung
LegCo members Lam Cheuk-ting (hereinafter referred to as "Lam") and Ted Hui Chi-fung (hereinafter referred to as "Hui") were arrested at their residence respectively in the morning on 26th of August 2020. In the afternoon on 27th of August 2020, they were brought before Magistrate Peter Law Esq. sitting in West Kowloon Magistrates' Courts. Both of them faced a count of attempting to perverting the course of justice. Lam was also charged of 1 count of riot. Hui further faced 2 more charges, including criminal damage and access to computer with criminal or dishonest intent. Their bail application was objected by prosecution. After all, the court granted bail to both Lam and Hui. Their cases were adjourned for mention.
Shortly after being released by the court, Lam and Hui strongly criticized the arrest and prosecution and described it as a "public prosecution". All along, whenever any members of the opposition camp have been arrested and prosecuted, then their whole group with the local and foreign media supporting them would together accuse the HKSAR Government of making a political prosecution with an aim to suppress the dissidents. They would also try their best to condemn the HKSAR Government's such act as being a violation of the Sino-British Joint Statement and Hong Kong Basic Law. From time to time, they further attack the Government's such acts as suppressing their freedom of speech.
It appears that whenever the opposition camp alleges the Government conducts a political prosecution, all they mean is that the Government is making use of the political reasons to arrest or prosecute them. Recently, the term "political prosecution" has been the slogan made use of by the opposition camp frequently for the purpose of smearing the Hong Kong Police, Department of Justice, the Judiciary as well as the whole HKSAR Government. The motive behind is to provoke the public's hatred towards the HKSAR Government and even the Central Government, which has been a very important step in the Colour Revolutions instigated by the US Government all over the world.
Everyone is equal before the law. Even the LegCo Members must comply with all the laws in Hong Kong. No doubt, according to the Legislative Council (Powers and Privileges) Ordinance, Cap 382, Laws of Hong Kong (hereinafter referred to as "the Ordinance"), the privileges and immunities to be enjoyed by the LegCo Members include:
(1) Freedom of speech and debate "in the Council or proceedings before a committee" under Section 3 of the Ordinance.
(2) Immunity from legal proceedings, namely no civil or criminal proceedings shall be instituted against any member for "words spoken before, or written in a report to, the Council or a Committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise" under Section 4 of the Ordinance.
(3) Freedom to arrest under Section 5 of the Ordinance, including:
(a) No member shall be liable to arrest for any civil debt whilst going to, attending at or returning from a sitting of the Council or a committee;
(b) No member shall be liable to arrest for any criminal offence whilst attending at a sitting of the Council or a Committee.
In short, the privilege, immunity and freedom of speech and debate can only been exercised by the LegCo Members when they are performing their duties in making speech and debate in the Council or during the committee proceedings. The charges faced by Lam and Hui occurred in Yuen Long MTR Station on 21st of July 2019 or outside Tuen Mun Police Station on 6th of July 2019 respectively. Clearly, on both days, Lam and Hui were not performing their duties in the Council or before any Committee. On 26th of August, they were arrested at their home, but not during their attending at or returning from the Council or any Committee. Obviously, the LegCo Members from the Opposition Camp often exaggerate their privilege, immunity and freedom of speech to mislead the public.
Outside the Council and Committees, all LegCo Members must obey to all the laws in Hong Kong. Being the lawmakers who play a significant role in discussing and passing the Bills in the Legislative Council, as expected by the society, they have to behave themselves properly and setting up as good models for the public to follow and imitate, particularly for those youngsters who are immature. Their keeping on showing no respect at all towards the law and order is step by step ruining Hong Kong's rule of law, which has been the cornerstone of the success gained by the Pearl of the Oriental.
The Opposition Camp often alleges that the HKSAR Government has violated the Sino-British Joint Statement and the Hong Kong Basic Law. However, never have they pointed out which part of the 2 documents have been breached by the HKSAR Government. Obviously, such condemn is slogan as well without any concrete support at all, aiming at spreading the hatred towards the Government in the society.
So long as the Opposition Camp is of the view that any prosecution has insufficient basis to support the charge, all they should do is to face the trial bravely instead of keeping on criticizing the Government wrongfully from time to time. In court, they may have the right to deny the charges against them. The burden of proof lies on the prosecution whereas the standard of proof is beyond reasonable doubt. Defence discharges of no burden of proof at all. All defendants in criminal cases are presumed to be innocent. Prosecution had the duty to produce evidence to prove all elements of the charges they are facing. They also have the right to have their legal representation, call their own witnesses and decide whether to give evidence during the court process. Even if they are convicted after trial, they still have the right to appeal against the conviction and/or the sentence.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責任編輯：CK Li
編輯：Whon
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