LegCo Supervisory Committee reports to LegCo on handling of complaint against Ms Judy Chan
******************************************************************************************
A spokesman for the Legislative Council (LegCo) said the LegCo Supervisory Committee (the Committee) today (May 6) reported to LegCo on the handling of complaint against Ms Judy Chan pursuant to Rule 73(1)(e) of the Rules of Procedure.
Taking into account all relevant factors, and in accordance with the types of sanctions set out in the Procedure of the Legislative Council Supervisory Committee for Handling Complaints (Procedure for Handling Complaints), the Committee decided to issue a written warning to Ms Chan, sternly warning her that she must be mindful of her words and deeds at all times and ensure that she lives up to the public's expectations of LegCo Members. Pursuant to the Rules of Procedure and the Code for Members of LegCo (the Code), this sanction will be administered by the Chairman of the Committee after the report is tabled in Council.
On January 23 this year, Ms Chan drove in the opposite direction of traffic on Jaffe Road in Wan Chai. The incident attracted extensive media coverage and significant public attention. LegCo subsequently received a complaint made under the complainant's real name against Ms Chan for violating the Road Traffic Ordinance, as well as the relevant requirements of the Code, including paragraph 1.6: Members shall take the exemplary lead in upholding the rule of law, and abide by all laws in force in the Hong Kong Special Administrative Region; and paragraph 3.3: Members shall abide by all laws in force in the Hong Kong Special Administrative Region.
In accordance with the Procedure for Handling Complaints, the Chairman of the Committee decided to hold a meeting to consider the complaint. Taking into account the relevant information, the relevant requirements and so on, the Committee decided to investigate the complaint and invited Ms Chan to attend a meeting to give explanations and provide information. The Committee held a total of two closed meetings to consider and investigate the complaint.
After investigation, the Committee is of the opinion that Ms Chan's wrong-way driving constitutes misconduct, in breach of the relevant requirements of paragraphs 1.6 and 3.3 of the Code. Having considered all the findings of the investigation, the Committee considered that Ms Chan's commission of the offence "careless driving" was undoubtedly improper, falling short of society's expectations regarding the conduct and ethics required of Members.
In determining the sanction, the Committee has strived to be fair, impartial, independent and objective. Instead of only considering Ms Chan's unlawful act or solely taking reference from the court ruling, the Committee has also taken into account the relevant factors set out in the Code, including the nature and gravity of the misconduct, the specific circumstances of the misconduct, the impact of the misconduct, etc.
The Committee is satisfied that Ms Chan's wrong-way driving was the result of her misjudgement made out of a momentary desire for convenience. While this act of hers was imprudent and reckless, it did not involve serious misconduct such as a breach of personal integrity or abuse of power or dereliction of duty. As regards Ms Chan's case, the Committee noted that she was charged with "careless driving" rather than the more serious offence of "dangerous driving". The maximum penalty for "careless driving" is a fine of HK$5,000 and imprisonment for six months, and offenders may be disqualified from driving. The Committee noted that the magistrate considered the case "fairly serious", but at the same time also weighed the severity of the penalty against the specific circumstances and actual consequences. Taking into account that Ms Chan had no previous criminal or traffic conviction, and had only received eight fixed penalty notices in 22 years of driving, the magistrate ultimately sentenced Ms Chan to a fine of HK$2,000 and a one-month driving ban, without imposing a custodial sentence. This demonstrates the relatively low severity of the case and hence the relatively light sentence.
The Committee notes that Ms Chan has taken a number of remedial actions after the incident, including offering multiple apologies to the public; contacting the Police on her own initiative to give a statement; pleading guilty directly in court without arguing the case, promising not to reoffend and stating her willingness to accept all legal penalties. Ms Chan also repeatedly apologised to the Committee for the incident, saying that whatever decision the Committee might reach, she would willingly accept any outcome.
The Committee is satisfied that, since the incident, Ms Chan has all along demonstrated remorse; her public apologies and explanations for the incident have been sincere; and she has already received legal penalties for violating traffic legislation. Moreover, she has swiftly taken a series of remedial actions, striving to minimise the negative impact of the incident on the reputation of LegCo. Taking into account all relevant factors, the Committee has unanimously concluded that Ms Chan's misconduct did not reach a serious level. Given that this was her first instance of such misconduct, the Committee has, in accordance with the types of sanctions set out in the Procedure for Handing Complaints, decided to issue a written warning to Ms Chan.
The Committee reminds all LegCo Members that, in their capacity as members of the legislature of the Hong Kong Special Administrative Region, they must take the exemplary lead in upholding the rule of law, and abide by the law. In addition, Members should do their best to uphold the reputation of LegCo, and they must observe the highest standards of personal conduct and ethics at all time and strictly adhere to all requirements of the Code, so as to meet the very high expectations of the Central Authorities and the public for LegCo and Members.
Ends/Wednesday, May 6, 2026
Issued at HKT 14:35
Issued at HKT 14:35
NNNN