Investigation Committee established under Rule 49B(2A) of
the Rules of Procedure in respect of the motion
to censure Dr Hon CHENG Chung-tai
April 2018
|
Download Full Report
| |||
TABLE OF CONTENTS | |||
| Page
| |||
| Executive Summary
| I - V
| ||
| Chapter 1 | Introduction
| 1 - 12 | |
| Background
| 1 - 3 | ||
| Establishment and membership of the Investigation Committee
| 3 - 4 | ||
| Practice and Procedure
| 4 - 7 | ||
| Investigation process
| 8 - 11 | ||
| Report
| 12
| ||
| Chapter 2 | Constitutional and statutory requirements relating to the motion to censure Dr Hon CHENG Chung-tai
| 13 - 25 | |
| Constitutional and statutory requirements for oath-taking
| 13 - 16 | ||
| Regulation of the use and protection of the national flag and regional flag
| 16 - 18 | ||
| Relevant court cases
| 18 - 25
| ||
| Chapter 3 | Information and evidence relevant to the particulars of the misbehaviour set out in the Schedule to the censure motion
| 26 - 38 | |
| Oath-taking by Dr CHENG
| 26 - 28 | ||
| Distribution and display of the mock-ups of the national flag and regional flag
| 28 - 31 | ||
| Inverting the mock-ups
| 31 - 37 | ||
| Dr CHENG's relevant remarks after the relevant Council meeting
| 37 - 38
| ||
| Chapter 4 | Establishing the facts and whether the facts as established constitute grounds for the censure of Dr Hon CHENG Chung-tai
| 39 - 53 | |
| Facts to be established
| 39 - 40 | ||
| First fact to be established
| 40 - 41 | ||
| Second fact to be established
| 41 - 43 | ||
| Third fact to be established
| 43 - 44 | ||
| Fourth fact to be established
| 44 - 45 | ||
| Fifth fact to be established
| 45 - 47 | ||
| Whether the facts as established constitute grounds for the censure of Dr CHENG
| 47 - 53
| ||
| Acronyms and Abbreviations
| 54 - 56
| ||
| Appendices
|
| ||
| Appendix 1.1 | Voting result on the motion moved by Hon CHAN Chi-chuen under Rule 49B(2A) of the Rules of Procedure that "no further action shall be taken on the censure motion moved by Hon Paul TSE"
| ||
| Appendix 1.2 | Procedure for the election of Members for appointment by the President to the investigation committee
| ||
| Appendix 1.3 | Practice and Procedure of the Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the motion to censure Dr Hon CHENG Chung-tai
| ||
| Appendix 1.4 | Transcript provided by the Eastern Magistrates' Court setting out its reasons for verdict and sentence in respect of HKSAR v CHENG Chung-tai (ESCC 1139/2017)
| ||
| Appendix 1.5 | List of potential witnesses' responses
| ||
| Appendix 1.6 | Written statement of Hon Paul TSE
| ||
| Appendix 1.7 | Written statement of Dr Hon CHIANG Lai-wan
| ||
| Appendix 1.8 | Written statement of Hon Martin LIAO
| ||
| Appendix 1.9 | Written statement of Hon LAU Kwok-fan
| ||
| Appendix 1.10 | Written statement of Mr Alfred LEE (steward of the Legislative Council Secretariat)
| ||
| Appendix 1.11 | Written statement of Mr Tommy LEE (steward of the Legislative Council Secretariat)
| ||
| Appendix 1.12 | Dr Hon CHENG Chung-tai's reply on whether he would attend hearing
| ||
| Appendix 1.13 | Dr Hon CHENG Chung-tai's reply on whether he would propose witnesses for the Investigation Committee's consideration
| ||
| Appendix 1.14 | Dr Hon CHENG Chung-tai's reply on whether he would elect for hearings to be held in public
| ||
| Appendix 1.15 | Dr Hon CHENG Chung-tai's reply letter dated 9 March 2017
| ||
| Appendix 1.16 | Dr Hon CHENG Chung-tai's reply letter dated 29 May 2017
| ||
| Appendix 1.17 | Schedule of closed hearings of the Investigation Committee
| ||
| Appendix 1.18 | Dr Hon CHENG Chung-tai's reply letter dated 28 March 2018
| ||
| Appendix 1.19 | The minutes of meetings of the Investigation Committee which record the proceedings on the consideration of its Report
| ||
| Appendix 2.1 | Information paper prepared by the Legal Service Division of the Legislative Council Secretariat on relevant legal issues relating to the motion to censure Dr Hon CHENG Chung-tai
| ||
| Appendix 2.2 | Summary of facts and sentences of certain judicial decisions concerning desecrating the national flag and regional flag prepared by the Legislative Council Secretariat
| ||
| Appendix 3.1 | Minutes of evidence given by Hon Paul TSE at the Investigation Committee's hearing
| ||
| Appendix 3.2 | Minutes of evidence given by Hon Martin LIAO at the Investigation Committee's hearing
| ||
| Appendix 3.3 | Minutes of evidence given by Hon HUI Chi-fung at the Investigation Committee's hearing
| ||
| Appendix 3.4 | Minutes of evidence given by Mr Alfred LEE (steward of Legislative Council Secretariat) at the Investigation Committee's hearing
| ||
| Appendix 3.5 | Minutes of evidence given by Mr Tommy LEE (steward of Legislative Council Secretariat) at the Investigation Committee's hearing
| ||
| Appendix 3.6 | Minutes of evidence given by Dr Hon CHIANG Lai-wan at the Investigation Committee's hearing
| ||
| Appendix 3.7 | Minutes of evidence given by Hon LAU Kwok-fan at the Investigation Committee's hearing
| ||
| Appendix 3.8 | The Legislative Council Affirmation subscribed by Dr Hon CHENG Chung-tai
| ||
| Appendix 3.9 | Photo of the mock-ups of the national flag of the People's Republic of China and regional flag of the Hong Kong Special Administrative Region of the People's Republic of China displayed by some Members at the Council meeting of 19 October 2016
| ||
| Appendix 3.10 | Photo of Dr Hon CHENG Chung-tai inverting the mock-ups of the national flag of the People's Republic of China and regional flag of the Hong Kong Special Administrative Region of the People's Republic of China placed on some Members' desks at the Council meeting of 19 October 2016
| ||
| Appendix 3.11 | Photo of the mock-ups of the national flag of the People's Republic of China and regional flag of the Hong Kong Special Administrative Region of the People's Republic of China stuffed inside the glass holders with their poles stretching out of the glass holders at the Council meeting of 19 October 2016
| ||
| Appendix 3.12 | Correspondence between Hon HUI Chi-fung and the Clerk to Investigation Committee
| ||
| Appendix 3.13 | Letter to Hon HUI Chi-fung from the Clerk to Investigation Committee dated 2 March 2018
| ||
| Appendix 3.14 | Letter to Hon HUI Chi-fung from the Clerk to Investigation Committee dated 15 March 2018
| ||
| Appendix 3.15 | Official record of proceedings of the Legislative Council meeting of 19 October 2016
| ||
| Appendix 4.1 | Advisory Guidelines on Matters of Ethics in relation to the Conduct of Members of the Legislative Council of the Hong Kong Special Administrative Region in their capacity as such | ||