SCIO briefing: Views of experts and scholars on Hong Kong's current situation
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E-mail China.org.cn, August 16, 2019
South China Morning Post:
In response to the anti-amendment movement, the central government has set out two obvious principles. One is to stop violence and chaos, and the other is to unite the people who truly love the country and the HKSAR, and business leaders to condemn violence and establish a line against those who involved in the violence. However, it seems that the two measures have yet to bring about pronounced effect. Today, another group of civil servants said that they will stage a demonstration. My question is, besides the two major principles, are there other measures to be taken to close the social rift and cool down the current situation? The demands expressed in the recent activities have great public support. Is it no longer possible to consider them? Are all of them unacceptable? Thank you.
Zou Pingxue:
Thank you for your question. As you know, since June, the protests and acts of violence related to the amendments in Hong Kong have become increasingly intense, and Hong Kong is facing the most severe situation since its return to the motherland. At the symposium held by the Hong Kong and Macao Affairs Office of the State Council and the Liaison Office of the Central People's Government in HKSAR on Aug. 7, officials of relevant central government departments stressed that currently the most urgent task and overriding priority is to stop the violence and accompanying chaos, and restore order. As Professor Han Dayuan said just now, the rule of law, as one of the core values in Hong Kong and a cornerstone for its prosperity and stability, can safeguard the interests of all Hong Kong people and offer a key competitive edge for future development. I very much agree that heightening awareness of the importance of the rule of law, maintaining its dignity, and restore the rule of law and social order are the best weapons to stop violence and chaos. It is also the broadest common ground reached in the Hong Kong society on how to confront problems, solve conflicts, calm things down and curb violence. As you saw on TV and on the internet recently, violent offenders attacked police officers, besieged the airport, halted traffic, coerced residents to participate in protests and strikes, illegally imprisoned and deliberately hurt others, and wantonly insulted the national flags and the national emblems. Their escalating violent behaviors violate multiple laws in Hong Kong, including the Crime Ordinance, the Offences against the Person Ordinance, the Aviation Security Ordinance, the Public Order Ordinance and the National Flag and National Emblem Ordinance. These acts have severe social impact and serious legal consequences.
Let's review the situation at the Hong Kong International Airport two days ago. Based on international practice, disrupting operation of a key public space, such as an airport, will receive comparatively severe punishment. According to article 15 of Hong Kong's Aviation Security Ordinance, it is an offence of endangering safety at aerodromes for any person to commit, whether by means of any device or otherwise, any act of violence which causes or is likely to cause death or serious personal injury; endangers or is likely to endanger the safe operation; destroys facilities in an aerodrome; and disrupts the services of an aerodrome. Anyone who commits an offence abovementioned is liable on conviction on indictment to imprisonment for life. From a legal perspective, what happened at the Hong Kong International Airport paralyzed its operations by means of illegal rallies, destroying public facilities, and blocking elevators and passages with trolleys. The assaults on mainland passengers as well as Hong Kong police on the evening of Aug. 13 and after midnight constitute a crime.
There are also a number of protestors who think they haven't yet participated in the violence. They believe that it is not against the law for them to just sit there and prevent others from boarding a flight or exiting the airport. The fact is that their behaviors already violate many laws. First of all, they should be considered guilty of the offence of unlawful assembly as stated in Hong Kong's Public Order Ordinance. Actually, it may also constitute the crime of riot under the law of Hong Kong. Based on my research, taking Hong Kong's Public Order Ordinance as an example, if a public assembly or public procession violates regulations, it shall be an unauthorized assembly and disorder in public places according to the article 17A and 17B. In addition, when three or more persons, assembled together, conduct themselves in a disorderly, intimidating manner intended or likely to commit a breach of the peace, they are an unlawful assembly. Therefore, we can see that behaviors such as simply raising hands, using one's body to prevent passengers from leaving the airport or going to other areas as they desire, as well as restricting their freedom of movement, are very likely to be considered as unlawful detention, as stated in Hong Kong's common law.
We notice that on Aug. 14, the Airport Authority Hong Kong obtained an interim injunction to restrain persons from unlawfully and willfully obstructing or interfering with the proper use of Hong Kong International Airport. Any attendance or participation in a demonstration, protest and related public events at the airport is also restrained, except for those in the places designated by the Airport Authority Hong Kong. The police can launch a clearance operation in accordance with the interim injunction. Any breach of the interim injunction or impediment to law enforcement could constitute contempt of court.
During the "Occupy Central" movement in 2014, some groups applied to the court for injunctions. We later found that worked well.
We have seen that, legally speaking, in addition to the measures now adopted, the chief executive and the Executive Council can also issue a series of orders or regulations to restore law and order in accordance with the Public Order Ordinance or the Emergency Regulations Ordinance. When there are some serious acts that endanger social order, for a period of time, public rallies can be banned, the restricted area can be demarcated, a curfew can be imposed and a series of emergency rules or orders can be issued. Therefore, the laws of Hong Kong are very sound and there are many legal resources that can solve current chaos with strict enforcement.
Here I would like to appeal to those who are participating in illegal assembly or procession, especially young students, to think twice. They should understand the serious harm caused by such acts to the legitimate interests, social order and public interests of others, as well as the harmful effects of illegal and criminal activities on their own future. The general public, parents of students and teachers of the universities, as well as major media outlets in Hong Kong, must have a clear-cut stand to resist and oppose illegal acts of violence, as well as resisting and opposing any acts to incite, delude and instigate young people to participate in illegal activities of violence. That's all I want to say. Thank you.
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