Huang Jin-Hui Detained for Alleged Drunk Driving | Detained on Four Counts; Did Not Voluntarily Report—Lawmaker: How He Is Punished Depends on the Conviction

Election Committee member Wong Kam-fai was arrested over four offenses, including drunk driving. It is understood that LegCo President Starry Lee and other lawmakers, before the incident was exposed, had not received any proactive declaration from Wong Kam-fai to report the incident to the Legislative Council. Many lawmakers said the incident was far more serious than New People’s Party lawmaker Joephy Chan’s reverse driving, by several times. As for how punishment will be imposed, it is expected to depend on the conviction.

Wong Kam-fai Arrested for Drunk Driving｜Joephy Chan’s Reverse Driving Received a Written Warning

The Legislative Council has a five-tier disciplinary mechanism for improper conduct by lawmakers. The lightest penalty is for the chairperson of the Legislative Council’s Disciplinary Committee to issue a written warning. After Chan carried out reverse driving at the start of the year, she was given that level of sanction. After the incident was exposed, Chan repeatedly apologized and wanted to surrender herself to the police, admitting to the charge of “careless driving.” She was ultimately fined 2,000 yuan and suspended from duties for 1 month.

The second-level penalty is also carried out by the chairperson of the Disciplinary Committee. It applies to a second offense involving minor improper conduct, and will result in a written warning and an in-person admonition.

▲ Wong Kam-fai attended the “handover anniversary celebration” event as usual today. (Photo from Wong Kam-fai’s Facebook)

Wong Kam-fai Arrested for Drunk Driving｜The Highest Level of Discipline Is Suspension of Duties and Deduction of Lawmaker Remuneration and Allowances

As for the third, fourth, and fifth levels, they involve imposing sanctions by way of a motion, ranging from admonition and censure to suspension of duties and deduction of lawmakers’ remuneration and allowances. An admonition applies to a third offense of minor improper conduct; censure applies to a first offense of serious improper conduct. If there are more than three offenses of minor improper conduct, or two offenses of serious improper conduct, or an offense of very serious improper conduct, then a fifth-level penalty will be imposed.

A lawmaker said frankly that the offenses Wong Kam-fai is involved in are several times more serious than Chan’s case. Not proactively reporting it is “aggravated by one more offense.” The incident was exposed on an important date (the handover anniversary + the 105th anniversary of the founding of the CPC), and it has had a negative impact on both the Legislative Council and the pro-establishment camp’s image. However, with reference to the Chan case, unless there are higher instructions, it is expected that everything will only be decided after the conviction.

In addition, Article 79 of the Basic Law provides that if a lawmaker is convicted of a criminal offense within or outside the Hong Kong Special Administrative Region (HKSAR) and is sentenced to imprisonment for one month or more, and two-thirds of the lawmakers present at a meeting of the Legislative Council pass a resolution to remove the member from office, the President of the Legislative Council shall declare that the lawmaker has lost the qualification to be a Legislative Council member.

Wong Kam-fai Arrested for Drunk Driving｜Lawmakers: Hard to Say Whether All Will Be Able to Go to Beijing for a Study Tour This Month

All Legislative Council lawmakers will go to Beijing together for a study tour this month. However, as to whether all 90 people can depart together, many lawmakers said it is difficult to assess at present.