Opinions
2019.07.15 15:46 GMT+8

Hong Kong lawbreakers must be punished

Updated 2019.07.15 15:46 GMT+8
Grenville Cross

Editor's note: Grenville Cross, a senior counsel and law professor, was previously the Director of Public Prosecutions of Hong Kong Special Administrative Region, China. The article reflects the author's opinions, and not necessarily those of CGTN.

The Hong Kong Special Administrative Region is in the spotlight after demonstrations rocked the city over now-suspended amendments to the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance.

Although Hong Kong has recently been wracked by street protests, most participants have been peaceful. Protests, of course, can sometimes be beneficial, as they allow people to let off steam and air their concerns. However, the face of public protest is rapidly changing, and certainly not for the better.

Increasingly, the protest movement has been infiltrated by extremists, who then hijack its objectives. They are using the cover provided by peaceful protests to pursue their own agendas and readily resort to violence.

Hong Kong Chief Executive Carrie Lam attends a news conference in Hong Kong Special Administrative Region, China, June 15, 2019. /Reuters photo

However, although most people realize that political violence is abhorrent in a civilized society, it has its apologists.

Some deluded politicians, clearly out of their depth, including the once-respected Civic Party, have sought to rationalize the violent attacks on the police lines on June 12, as well as the trashing of the Legislative Council building on July 1.

Foreign anti-China forces, moreover, including the United Kingdom’s Hong Kong Watch, which is patronized by former Governor Chris Patten and other Sinophobes, have also sought to explain away the actions of the men of violence, thereby downplaying the horrors of what they have done.

This they have done by, firstly, blaming the police, rather than the aggressors, for the mayhem which arose on June 12, after an attempt was made to storm the legislature, and, secondly, by misrepresenting what actually happened when the legislature was invaded on July 1.

Once, however, the extremists battered their way into the legislature, causing damage which could run to 50 million Hong Kong dollars (around 6.39 million U.S. dollars), they showed their real objectives. They desecrated the regional emblem, scrawled “Hong Kong is not China,” on the wall, displayed British-era colonial flags, and even destroyed copies of the Basic Law, the symbol of "one country, two systems."

This, therefore, was the ugly face of separatism, finally exposed for the whole world to see. These people want to split Hong Kong from China, and are prepared to use force along the way. This invasion was not about the fugitive law, but secession, and there can no longer be any illusions as to their methods or aims. Such people cannot be negotiated with or appeased, and there can be no more kid gloves.

However, notwithstanding the violence and the damage, some apologists for the culprits, including the former chief secretary, Anson Chan Fang On-sang, have called for those responsible to be given an amnesty. By this, they mean that they should be allowed to go unpunished.

 

A policeman on duty during a march to West Kowloon Express Rail Link Station at Tsim Sha Tsui, Hong Kong, China, July 7, 2019. /Reuters Photo

However, political violence is abhorrent, and must never be tolerated. Deterrence is vital, and any failure to prosecute the men of violence would encourage yet more criminality in the future by others.

Indeed, violence has already proliferated, most recently in Sheung Shui and Sha Tin, and things are rapidly getting worse. Of course, the police have been heroic in their efforts to maintain law and order, and they deserve every support.

The Secretary for Justice, Teresa Cheng Yeuk-wah must, therefore, act decisively to uphold the rule of law. A dedicated team of experienced prosecutors needs to be appointed, to examine the evidence, select the charges and conduct the prosecutions.

A wide variety of offenses were committed, and prosecutors must ensure that the culprits face the full force of the law, particularly if they were the ringleaders.

Those who attacked the police and the legislature must face charges of rioting, unlawful wounding, criminal damage and possession of offensive weapons. Anyone involved in blocking up the roads has committed public nuisance, while those who besieged police headquarters on June 21 should be prosecuted for false imprisonment and unlawful assembly. Those people who threatened the chief executive with further turmoil if she did not stop the police investigations should be charged with attempting to pervert the course of public justice.

Anyone who breaks the law must face the consequences, no matter their motives or connections. Political violence is as unacceptable as any other type of violence, and must never be tolerated. The rule of law must always prevail, and the tyranny of the mob must be brought to an end.

(If you want to contribute and have specific expertise, please contact us at opinions@cgtn.com.)

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