Peaceful calls for Hong Kong independence are protected by Bill of Rights, ex-top prosecutor says
Former Hong Kong government chief prosecutor says advocating independence may not constitute offence, despite official suggestions to the contrary
A former government chief prosecutor has cast doubt on whether advocating Hong Kong independence in a peaceful way constitutes a criminal offence, saying it is protected under the city’s Bill of Rights.
The comments by Grenville Cross stand in stark contrast to those by justice minister Rimsky Yuen Kwok-keung, who warned on Saturday the government would discuss with law enforcement agencies how best to deal with those advocating separation.
Some pro-Beijing politicians have pointed to the Crimes Ordinance as a possible tool with which to ban the pro-independence Hong Kong National Party.
The controversy was fuelled by an article over the weekend in the state-run People’s Daily newspaper calling on Yuen to take legal action against the party.
Yuen said it was looking at whether the party had violated any ordinances, including the companies, societies, and crimes ordinances.
But Cross, a former director of public prosecutions, said: “Independence advocacy is common in many free societies,” citing calls in the United Kingdom for Scottish independence, Welsh independence, or Northern Ireland’s withdrawal from the union.
“All such activity is perfectly legal, provided, of course, it is conducted in a peaceful way which respects the rights of others,” added Cross, now a criminal justice analyst.