Jailing of Occupy police officers highlights flaws in Hong Kong’s judicial system and Basic Law
Tian Feilong says the heavy sentence for police officers executing their duty during a protest movement reflects the problems with Hong Kong’s constitutional set-up. Two decades after the handover, it’s time to fix them
As a consequence, protesters will become even more radical. The excessive punishment for the seven officers, at a time when Hong Kong society is in chaos, has prompted a rethink of the value of the rule of law and how it can support the city. Then there are questions about the nationality of the judge, the rationale behind the ruling, impartiality, and possible political motives behind the ruling.
The case also presents a predicament for the city’s law and order: if there is another Occupy protest, would frontline officers still be reliable and dedicated enough to maintain law and order?
The grievances of our police must be heard if we want an effective force
The court ruling was handed down according to common law methods and arguments about rights. It stresses the rights and freedoms of the protester without equal regard to the discretion which the police could exercise while enforcing the law during a protest. The judge has failed to strike a balance between freedom and order.
