【程序正義】 蘇嘉豪已就立法會停職程序向中院上訴

【關於上訴立法會職務中止程序的說明】

就有傳媒朋友詢問關於上訴立法會職務中止程序一事,本人現說明如下:

1. 經聽取法律意見,本人已於1月4日就立法會職務中止程序,向中級法院提出上訴。

2. 正如職務中止當日會上本人和有議員所言,職務中止程序當中存有瑕疵,包括當事人的聽證權保障等。本人認為司法機關適宜且具權限釐清上述法律觀點。

3. 立法會議決由議員自主作出,因此,上訴並非試圖改變議決內容,而是透過獨立機關審視相關程序的合法性。

4. 本人非常理解,此次職務中止事件為回歸後首次、史上第二次,相關法律條文和觀點未必完全清晰,在實際執行上也有經驗不足。

5. 作為一名代議士,本人謹以公益名義為由行動,而非考量個人利益。因此,相信本人有義務為著所代表的選民提出有關上訴,以釐清法律觀點,為日後同類程序帶來借鑑意義,此亦將有助推動立法會更完善運作並提高其尊嚴,同時維護法治價值。

Regarding inquiries received from journalists regarding the appeal I filed pertaining of the suspension of my mandate, I am making the following comments:

1. After seeking legal advice, I filed an appeal concerning the suspension of my mandate to the Court of Second Instance on the 4th of January.

2. As has been stated by me and other legislator on the day the plenary discussion of suspension was held, several illegalities were detected in the proceeding of suspension, including the guarantee of my right to be heard. I believe it would be appropriate that a Judicial Body, which we believe to be entitled to, clarify the legal matters involved.

3. The deliberation of Legislative Assembly was made autonomously by the vote of each of its legislators. Hence, my appeal does not seek to have a court changing or scrutinizing the merits of the decision incorporated in the deliberation, but to examine the legality of the proceeding at stake by an independent body.

4. I fully understand that it is the first time after the handover of sovereignty, and the second time ever that proceedings for a deliberation on the suspension of a legislator’s mandate take place. The application and interpretation of related legal provisions may not be entirely clear cut, and we all lack the experience of their actual implementation.

5. My mandate is representative, not of my interests, but of the public interest. Therefore, I believe to have a duty towards all those I represent to file such appeal, which does not only help in elucidating relevant legal viewpoints so as to serve as a significant reference for future similar proceedings, but it also contributes to improve the operation, as well as to enhance the dignity of the Legislative Assembly and of the Rule of Law.

蘇嘉豪 Sulu Sou
2018/01/10