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Mike Rowse

Hong Kong needs to give some serious and creative thought as to how best we, as a community, are going to draw a line under the events of the 2019-20 protest movement.
That this was a serious and sad episode in our history cannot be denied or avoided. Thousands of well-meaning ordinary individuals joined public demonstrations, many for the first time in their lives.
Whatever the flaws of the government’s extradition legislation and undoubted missteps in its political execution, and however genuine the motives of most demonstrators were, the situation spiralled out of control. Violence broke out on the streets and damage amounting to tens of millions of dollars was done to public and private property.
When the dust finally settled and the violence had ceased, emotions gradually subsided. Where did it all leave us?
Secretary for Security Chris Tang Ping-keung recently gave a useful update in an interview with this newspaper. A total of 10,286 people of all ages have been arrested, of whom just 2,978 have been charged with any specific offences. That means more than 7,000 people remain in a kind of legal limbo. They have not been charged with any offence, but in theory their cases remain open.
Although Tang did not say so explicitly, it could be inferred that those concerned remain on bail granted under the Police Force Ordinance. That means they are not incarcerated but are subject to various restrictions on their freedom, for example requirements to put up a surety and abide by reporting requirements, and sometimes restrictions on travel.


Moreover, although the bare numbers are large enough by themselves, they underestimate the full effect on stability and tranquillity of the community. For every person on long-term bail, there is the larger family – these people’s parents, siblings and children.
Other indirect effects include a potential partner being deterred from marriage by the prospect of the spouse’s ongoing scrutiny from the police. This could lead to children not being born in addition to a career not pursued, a course of study not undertaken or a new business not opened. The total impact is large.
This situation is clearly unsatisfactory. Those against whom there was strong evidence of a criminal offence must have been charged and brought before the courts already. Others might have fled to other countries before evidence against them could be found. Those who remain must, by definition, be those who have no desire or ability to leave Hong Kong and against whom there is no sufficient evidence to charge and bring them before the court. What is to become of them, bearing in mind they must all be presumed innocent?
Tang mooted the idea that those arrestees who showed remorse could have their cases reviewed earlier, but it is unclear what these terms mean in practice. There was no indication of how exactly an individual should repent or show remorse and what benefit that person would gain from the early review. These questions are worth exploring.


Start with the 7,000 people in legal limbo. They have spent the last six years denying any involvement in criminal activity. To show remorse, one option might be to require them to confess, perhaps name others involved and promise to give evidence for the prosecution. What would those who confess receive in return?
On its own, an early review would not have much value if it meant immediate prosecution, so to make the deal attractive they would presumably look for a promise of no prosecution or, at the very least, some kind of indication of a lighter penalty. It is not clear how credible such an offer would be, bearing in mind the final decision would be up to the court. In any event, it is possible that all such tactics have been tried already and failed to work.
Each arrestee has the final power not to accept police bail, of course, and instead to demand immediate, unconditional release. That would invite the possibility of prompt laying of charges and incarceration pending a judicial decision on bail. That would be risky at the individual level, but if all 7,000 people collectively went down this route at the same time, the court system would be overwhelmed.


Instead of looking for flaws or negatives in any such scheme, we should look for a positive way forward. Hong Kong is now engaged in the preparation of its first five-year plan to spell out the development course of the city. That plan must slot seamlessly into the five-year plan for the whole country. This effort is hugely important for our future and requires the undivided attention of the administration and the community at large.
How about a simple statement confirming that the individual has been reminded by the police of the importance of maintaining national security in the stability and prosperity of Hong Kong? A signature to that effect and the case is closed.
That is not the same as an amnesty. It does not preclude rearrest in the event that further evidence comes to light of a previous “heinous” offence – a word deliberately borrowed from the police force amnesty of 1977. A bold Tang could consider devising such a formula to boost his statesmanlike credentials and enhance his prospects for more senior office.


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It is unacceptable for thousands of people to still not be charged, leaving their lives in legal limbo and affecting their families years later


It is unacceptable for thousands of people to still not be charged, leaving their lives in legal limbo and affecting their families years later.


Hong Kong protests

Hong Kong youth

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


How Hong Kong can draw line under the 2019-20 protests and move forward

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}It is unacceptable for thousands of people to still not be charged, leaving their lives in legal limbo and affecting their families years later

It is unacceptable for thousands of people to still not be charged, leaving their lives in legal limbo and affecting their families years later