Editorial | Rule of law must not be sacrificed to deal with political crisis
- Desperate times may call for desperate measures, but interim injunction targeting online messages is bad practice and gives the impression law is being used as a tool for government purposes
Hong Kong has paid a heavy price for months of civil unrest, from economic recession to a loss of trust and tolerance.
It has bounced back from adversity before. But if it is to do so again, it cannot afford the rule of law under an independent judiciary to pay for its troubles. It is what sets Hong Kong apart and is the central pillar of its success under “one country, two systems”.
The current crisis and divided loyalties can strain even such core principles. Desperate times call for desperate measures. Sometimes they result in measures that may not be called for when others are available.
An example is the government’s resort to legal injunctions to support police and combat illegal protest action. A High Court judge has granted the secretary for justice an interim injunction banning the posting or spreading of messages online that could incite the use or threat of violence.
The government secured the order ahead of a Halloween night of protest and mayhem during which police used tear gas and pepper spray.
Mr Justice Russell Coleman acknowledged that such injunctions ought to be granted with great caution and this one might restrict the right to freedom of speech. But the government’s request was proportionate and freedom of expression was not absolute.