Top Hong Kong judge urges tolerance of advocates of independence
Mr Justice Bokhary highlights need to respect freedom of expression, a point echoed by British constitutional law expert Lord Pannick
A liberal judge on the top court has called for tolerance for people advocating Hong Kong independence, saying they should not be prohibited from making their voices heard.
The approach adopted by Mr Justice Kemal Bokhary, a non-permanent judge of the Court of Final Appeal, was echoed by prominent British constitutional lawyer Lord David Pannick QC, who said that in a civilised society, the correct approach is more – not less – speech in the context of “non-violent extremism”.
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Their remarks come as Hong Kong is debating whether to crack down on proponents of Hong Kong independence, whose frustration comes as a result of what they see as a decline in Hong Kong’s uniqueness.
Speaking at the launch of his new book on human rights law, Bokhary said: “Even beyond 2047, my personal faith is in the ‘one country, two systems’ principle.
“But just because you disagree with somebody, just because you think their views are dangerous ... doesn’t mean you should deny them ways of speaking about it,” Bokhary said in response to questions about Hong Kong independence.
The key to fulfilling one country, two systems, Bokhary said, lay in democracy.
He admitted he would have preferred that the Basic Law provision on the need for a nominating committee to select chief executive candidates to stand in a one-person, one-vote poll would never have existed, but added: “There seems to be no prospect of getting rid of the [committee].”