To the point
The Court of Appeal of the Hong Kong Special Administrative Region on Monday afternoon issued its written judgment on a case filed by the Department of Justice against 13 defendants, who held a violent protest outside the Legislative Council Complex in 2014. They tried to force their way into the building while the LegCo Finance Committee was deliberating over the government’s funding bill for preliminary studies related to the Northeast New Territories development project. In a way this case sets the standard for sentencing in similar cases from now on. It represents another milestone in solidifying Hong Kong’s rule of law against encroachment by politically motivated double standards.
According to the press summary of the judgment, the court decided to sentence the defendants to immediate imprisonment because “their conduct was a large-scale disruption seriously damaging public order and safety”. And, “under the applicable sentencing principles, the court must impose a deterrent sentence”. The 13 were previously given community service as a punishment by a district magistrate after finding them guilty of illegal assembly. The Department of Justice appealed the decision with the CoA, which agreed that the previous sentence lacked deterrent power.
The CoA judgment makes it clear no one has the right to harm others while exercising their individual rights; imprisonment in this case is the only option as the offenses warranted it in the context of existing sentencing principles. The defendants used violence in their protest with protecting local residents’ interests as an excuse and then cited individual rights to defend themselves in court. It was not the first of such cases, and is unlikely to be the last, as violent protests are all part of the opposition camp’s political repertoire. This is why the public overwhelmingly supported the CoA when it made a similar judgment in a separate case of the same nature, which involved three former student activists who committed the same offense when they charged at the government headquarters.
It should be noted that violent protests have become the opposition’s go-to solution in their attempts to undermine Hong Kong’s socio-economic development by blocking the government’s every move indiscriminately in recent years. The great majority of local residents are fed up with the disruptive and often destructive behavior of radical opposition groups. They routinely abuse various rights and freedoms for their own political ends. Public disappointment has now become increasingly bitter because some troublemakers have gotten away with illegal acts or were only given a “slap in the wrist”.
The CoA decision is a timely warning to all those who have developed a habit of using violence to express personal grievances and particularly those who use political excuses to undermine Hong Kong’s stability and prosperity by disrupting the SAR government’s lawful administration. It is also a reminder to everyone that real rule of law is immune to double standards and political blackmail.