Government must tell world that justice is alive and well in city
- Germany has given refugee status to two activists wanted for their alleged role in the Mong Kok riot – such a move implies they will not be given a fair trial by local courts
Hong Kong has long enjoyed an international reputation for its rule of law and independent judiciary. The city’s prosperity and stability have been built on confidence in the courts to deliver justice. It is, therefore, of great concern that this perception appears to be changing.
Two activists wanted for their alleged part in the Mong Kok riot of 2016 have been granted refugee status in Germany. Ray Wong Toi-yeung and Alan Li Tung-sing, both advocates of Hong Kong independence, were given this protection a year ago, but the news only broke this week.
They skipped bail in November 2017 while facing charges of rioting. Refugees are people who face a well-founded fear of persecution. Few details of the case have emerged, but the implication is that Wong and Li are facing political persecution and will not receive a fair trial.
This is possibly the first and certainly the most high-profile case of its kind since the 1997 handover. The idea that suspects will not be tried fairly because of their political stance is seriously damaging to the city’s reputation.
Beijing has urged Berlin to stop meddling in the city’s affairs and respect its rule of law. But the Hong Kong government has been slow to react. Officials have dodged the issue rather than provide a robust response. This is regrettable. The administration must take every opportunity to publicly support Hong Kong’s legal system, ease concerns and clear up misunderstandings.
Executive Council member Regina Ip Lau Suk-yee has called on the government to clarify the position with the German authorities. It should do so, otherwise the negative perception will grow.
Watch: In the wake of the Mong Kok riots
Since the Occupy protests in 2014, there have been multiple prosecutions of activists and demonstrators. These cases have often been politically sensitive and controversial. Some have been jailed, but others acquitted or given non-custodial sentences. Some have succeeded on appeal. There is no evidence the judiciary lacks independence or that the trials have been unfair.
This message must be conveyed loudly and clearly to the international community. It should also be understood that the Mong Kok riot, unlike the Occupy protests, was violent. Bricks were thrown and 130 people injured. Prosecutions were inevitable, but the accused have been tried fairly.
While judicial independence remains intact, the sheer number of prosecutions has, to some, appeared oppressive. The recent jailing of Occupy leaders made headlines around the world. Other events in Hong Kong, from the disqualification of legislators to a planned extradition deal, are changing the way the city is viewed.
The government must reflect on this and ensure the trend does not continue. Hong Kong’s success depends on it continuing to enjoy a reputation as an open and tolerant city governed by the rule of law.
