CFA rejects councilor’s appeal over protests in LegCo

Hong Kong’s Court of Final Appeal on Wednesday dismissed an appeal filed by District Councilor Christine Fong Kwok-shan on her convicted violation of Legislative Council rules by staging protests during two council meetings in 2014.

CFA Chief Justice Geoffrey Ma Tao-li said in a written judgment that the court “unanimously dismissed” the appeal and upheld the ruling made by the two lower courts.

Fong’s conduct had disrupted order in the LegCo. Therefore, the court is “duty-bound” to handle issues concerning the exercise of freedom of speech, which is a constitutional right, according to Ma.

Fong was convicted of violating the LegCo’s Administrative Instructions for Regulating Admittance and Conduct of Persons by the Eastern Magistrate Court in October 2015, as she wore a T-shirt with a slogan and displayed a paper poster with a Nazi Swastika on it at LegCo meeting on May 7, 2014.

Fong also chanted slogans at another LegCo meeting on May 13, 2014. She was protesting along with two of her assistants against a proposed plan by the government to expand a landfill.

Ma noted that Administrative Instructions’ Section 11 clearly states that people who enter or stay within the precincts of a LegCo chamber should behave in an orderly manner. Section 12 states that no one can display a message or sign on banners and clothing when in the public gallery or press area inside the LegCo chamber.

Ma dismissed arguments that Section 12 was inconsistent with the Basic Law as it imposed “a total and blanket prohibition” on freedom of speech. He stressed that Section 12 does not simply make “all forms of display of any ‘sign, message or banner’ a criminal offense”.

He said it only does this with regard to displays “in a press or public gallery” inside the LegCo chamber.

Ma also dismissed the “nonintervention” argument which Fong held that the court should not interfere with LegCo’s decision to regulate behavior.

Sentenced in the Eastern Magistrates’ Court in 2015, Fong was fined HK$2,000 for her conduct. She then made an appeal but this was rejected by the Court of Appeal in May 2016.

Both LegCo meetings were held to discuss a project for expanding the South East New Territories Landfill.

Fong, strongly opposing the project, protested in the public gallery inside the chamber where the meetings were held.