While the Hong Kong activists insist that the Special Administrative Region (SAR) government respond to their "five core demands," the ongoing protests in the city are ever escalating with the police and the rioters in violent confrontations.
Hong Kong newspaper Sing Tao Daily suggested using an "emergency law" to break the stalemate. When HKSAR Chief Executive Carrie Lam was asked during a press conference on Tuesday whether the government would actually consider using the law, she did not rule it out.
"All laws in Hong Kong – if they can provide a legal means to stop violence and chaos – the SAR government is responsible for looking into them," she said.
This appeal has subsequently invoked serious discussion about this regulation in the public realm.
What is the regulation
The "emergency law," officially known as the Emergency Regulations Ordinance, was introduced in 1922 to empower the former British colonial government to take tough measures against public danger and restore social order. In that year, this regulation was issued to cope with the seamen's strike, triggered by a demand for a salary raise by the Chinese Seamen's Union from a British-funded shipping company. After the company refused the salary demand, 23,000 mariners went on strike, which then escalated into a demonstration of 120,000 people, about a fifth of Hong Kong's then population.
The dispute soon spread beyond the original mariners in Hong Kong, and by the end, sympathizers from Guangdong camped out there to show their support. At that time, Sir Edward Stubbs, the then governor of Hong Kong, determined that the Guangzhou government, headed by Sun Yat-sen, was under the influence of the Bolsheviks and was scheming a strike behind the scenes. This prompted the colonial government to issue the Emergency Regulations Ordinance in order to break the standstill.
The workers eventually won but the regulation was kept on the books.
The regulation was enacted again by the British colonial government in 1967 to quell riots. A number of reports quoted political journalist Gary Ka-wai Cheung's "Hong Kong's Watershed: The 1967 Riots," pointing out that the British Hong Kong government had then skipped the Legislative Council under the Emergency Regulations Ordinance. There were a number of emergency decrees, including prohibiting processions and demonstrations, prohibiting "illegal broadcasts," and prohibiting the posting of "inciting leaflets." Anyone involved in a gathering of more than three participants could be prosecuted for "illegal assembly."
This regulation was amended and continued to apply after Hong Kong's return to China in 1997. The Chief Executive of the SAR may, in conjunction with the Executive Council, formulate various emergency rules in accordance with the Ordinance; the Chief Executive and the Executive Council decide when to suspend the application of such rules.
The rules can include imposing regulations on matters such as communications, publishing, entry and exit, import and export of goods, arrest, detention, deportation, etc. Except for the death penalty, the maximum penalty stipulated by the rules can be life imprisonment.
If the Emergency Regulations Ordinance is enabled under current circumstances, it would authorize the chief executive to ban ill-disposed media, impose curfews, and roll out anti-mask rules without the approval of the Legislative Council.
Public opinions
It would be considered a "nuclear option" once invoked, said Professor Michael Davis, a resident fellow at the Woodrow Wilson International Center and former law professor at the University of Hong Kong.
But many feel that given the chaos of the current situation, now is the time to act.
"We hope the government can stop the violence as soon as possible to bring peace to Hong Kong. All laws, if invoked, should be considered. If appropriate, they should be used," said Hong Kong attorney Chun Yuen Johnny.
"Residents hope the central government or the government of Hong Kong can take a tougher stance to stop those who want to destroy society as soon as possible," said Legislative Council member Ho Kai-ming. "Residents want to invoke the Emergency Regulations Ordinance as soon as possible, so that our society can return to be peaceful as soon as possible."
The protests, which began in June, have spiraled into the worst unrest the city has seen in decades. Violent protests have spread throughout the city, with many reportedly injured during the escalation of violence.
It has also dragged down the economy. The official data shows the Hong Kong GDP contracted by 0.4 percent in the second quarter. Since then, businesses across the city have been affected amid the chaos.
Many countries have issued travel alerts to the region due to the recent unrest.
"The Emergency Regulations Ordinance doesn't impose restrictions on any freedom," said attorney Holden Chow Ho-ding. "Instead, it aims to deal with persistent violence, which is so rare in order to stop violence and end the chaos."