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Wong Kam-fai Arrested for Drunk Driving Suspected|Arrested on Four Charges for Failing to Voluntarily Report: Lawmaker—How He Is Punished Depends on the Verdict
Election Committee sector lawmaker Wong Kam-fai arrested on suspicion of drunk driving and four other charges. It is understood that Legislative Council President Andrew Leung and other lawmakers, until the incident was exposed, had not received any proactive declaration from Wong regarding the matter. Several lawmakers said the incident is many times more serious than the reverse-driving case of NPP's Chan Ka-pui. As for the punishment, it will likely depend on the conviction.
Wong Kam-fai arrested for drunk driving | Chan Ka-pui disciplined with written warning for reverse driving
The Legislative Council has a five-level disciplinary mechanism for lawmakers' misconduct. The lightest is a written warning issued by the chairperson of the Legislative Council's Monitoring Committee. Chan Ka-pui received this level of punishment after her reverse-driving incident earlier this year. After the incident was exposed, Chan repeatedly apologized and voluntarily surrendered to the police, admitting to the offense of "careless driving," and was ultimately fined HK$2,000 and disqualified from driving for one month.
The second-level punishment is also enforced by the chairperson of the Monitoring Committee and applies to a second minor misconduct offense, resulting in a written warning and an oral reprimand.
▲ Wong Kam-fai attended the National Day celebration event as usual today. (Photo from Wong Kam-fai's Facebook)
Wong Kam-fai arrested for drunk driving | The highest level of punishment is suspension of duties and reduction of allowances and remuneration
As for the third, fourth, and fifth levels, they involve punishment through motions, ranging from reprimand, censure, to suspension of duties and reduction of lawmakers' salaries and allowances. Reprimand applies to a third minor misconduct offense, censure applies to a first serious misconduct offense, while a fifth-level punishment is imposed for more than three minor misconduct offenses, two serious misconduct offenses, or a very serious misconduct offense.
Some lawmakers admitted that Wong's crime is many times more serious than Chan's, and his failure to proactively declare the situation makes it "adding insult to injury." The incident was exposed on an important day (National Day + 105th anniversary of the Party's founding), which negatively impacts the image of both the Legislative Council and the pro-establishment camp. However, referencing the Chan Ka-pui case, unless there is a higher directive, everything will likely be decided only after the conviction.
Additionally, Article 79 of the Basic Law stipulates that if a lawmaker is convicted of a criminal offense within or outside the SAR and sentenced to imprisonment for one month or more, and the matter is passed by a two-thirds majority of the attending Legislative Council members to remove them from office, the Legislative Council President shall declare that lawmaker disqualified.
Wong Kam-fai arrested for drunk driving | Lawmakers: Hard to say if all colleagues can travel to Beijing together this month for study visits
All Legislative Council members will travel to Beijing together this month for study and inspection visits. However, whether all 90 lawmakers can depart together is difficult to assess at this point, according to multiple lawmakers.