Hong Kong should crack down only on hate groups, and leave Occupy alone

As the government seeks to use the provisions of the Public Order Ordinance to control protests in Hong Kong more effectively, some thought needs to be given to the nature of protest activity, what needs to be stamped out and what needs to be treated with respect. Not all protests can be regarded in the same way.

One of the most enduring features of Hong Kong's democratic development has been the growth of a constructive protest culture. Every Sunday, protest groups mobilise to highlight an issue seen to be of importance in the community. These may be small groups of individuals with a personal grievance or larger groups with political issues. The protests are peaceful, regulated and civically responsible. They show a civil society at work in Hong Kong. These protests do not need further regulation.

The recent Occupy protest grew naturally out of Hong Kong's protest culture. It was a protest based on the pursuit not of personal ends but public good. Apart from some unfortunate interventions by radical groups, the Occupy protest was peaceful, conducted without major injuries and ended peacefully by respecting the rule of law.

Of course, it will be argued that these protests did not respect "rule by law", meaning they did not have permission to hold the protests and they did not disperse when told to by police. From their perspective, the protesters were responding to a higher law related to the principle of more democratic processes in the election of the chief executive. This is the basic idea behind civil disobedience - there are higher principles that need to be defended and championed.

Protests motivated by such principles need to be managed with sensitivity and care. There is no need for a more stringent application of the Public Order Ordinance to manage such protests. Any such application will reek of political persecution.

While Hong Kong can rightly be proud of its protest culture, one issue that has become clear in the post-Occupy context is that groups have emerged who are motivated not by civic concern but by civic hate. Anti-mainlander sentiments are at the heart of hate-motivated protests that have witnessed personal attacks on individuals, whether they are tourists or parallel traders.