LettersLet Hong Kong courts decide if June 12 protests led to a ‘riot’

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Police officers use pepper spray to drive back protesters on Tim Wa Avenue in Admiralty on June 12. Photo: Sam Tsang

Published: 1:25pm, 6 Jul 2019Updated: 1:25pm, 6 Jul 2019

I believe the events of June 12 involved mostly peaceful demonstrators but also notable incidents of violent conflict. There were evident crimes and destructive acts.

According to the Public Order Ordinance (Cap. 245), demonstrators’ actions constituted a “riot” and law enforcement had the right to enforce protocol. In the event of destructive behaviour, the police can take corresponding measures, such as using tear gas. However, whether police actions in response to destructive acts on June 12 were appropriate, acceptable or unreasonable should be decided by the courts.

I believe the police referred to the incident as a “riot” because demonstrators’ actions fell under section 19 of Cap. 245: “When any person taking part in an assembly which is an unlawful assembly by virtue of section 18(1) commits a breach of the peace, the assembly is a riot and the persons assembled are riotously assembled.”

Taken as a whole, the demonstration on June 12 cannot be characterised as a peaceful march, because of violent acts in Admiralty and Central.

Separation of powers is still prevalent in Hong Kong. Whether there was a riot on June 12 should be decided by the judiciary. Whether the court will regard the rally that day as a riot is subject to the relevant provisions of Cap 245. Even if the police arrest demonstrators for rioting, it is up to the attorney general to examine the evidence, prosecute for another crime or sue.