Hong Kong protests: show arrested youth some mercy, to begin the healing process in society

Greater discretion by police and prosecutors towards those arrested – whether they are under or over 18 – would represent a significant step to rebuilding trust and harmony
The underlying causes of the protests remain unaddressed, and genuine reconciliation must occur or the unrest might return at any time

Simon Young,William HaywardandPaul Yip

Published: 9:15am, 2 Dec 2020

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The social unrest in Hong Kong since June 2019 has been heartbreaking. The scale of disruption and violence is unprecedented. People were harassed or attacked simply over the colour of their clothing. The verbal and emotional abuse arising from supporting the government or taking part in peaceful protest has been disturbing for all.

The civil behaviour and good order that has characterised Hong Kong for generations seemed to disappear overnight. Road blocks, tear gas and confrontation between demonstrators and police became part of the lifestyle of the city during that period.

There are many concerns in the community about the enactment of the national security law and its impact on many of Hong Kong’s freedoms. At least some of the violent confrontations have subsided for the moment, but the roots of the problems that led to them have not been addressed. Genuine reconciliation within society needs to occur, otherwise further social unrest might come back at any time.

The local and central governments have a responsibility to lead in this process given their position of power. Such actions would be for the good of everyone in Hong Kong. One place to start is in resolving the status of those who were arrested.

Since the social unrest began, there have been more than 10,000 arrests, of which around 2,300 have been brought to the court charged with various offences. In court hearings recently, some people have been sentenced to jail while others were acquitted because of insufficient evidence. Sometimes the court found police had not provided reliable evidence.

No matter whether the arrests were justified or not, the sheer number of them has created a significant backlog of cases for the courts. The morale of the community has suffered, not to mention the stress on the arrested and their family members.

We have been talking to a few young people who have faced legal proceedings. This group represents the future of Hong Kong and stands at a fateful moment where much of that future is in danger of vanishing before them.

Some of their study and work plans have been disrupted, and there has been much worry among family members. Hatred has been building towards the police. Irrespective of one’s view of the causes of the conflict, the tension needs to be resolved for the good of all Hong Kong citizens.

With the need for reconciliation in mind, we were somewhat disappointed that Chief Executive Carrie Lam Cheng Yuet-ngor did not take the opportunity of her policy address to declare steps she would take to reunite the community. However, her endorsement of the police handling cases with the rehabilitation of the young in mind is encouraging and in the right direction.

Cautioning them under the Police Superintendent’s Discretion Scheme or imposing a bind-over order are commendable means of giving a young person who acknowledges their responsibility a second chance.

While the chief executive referred to discretion being shown to “arrestees under the age of 18 who have expressed contrition and are not involved in serious offences”, we believe the same discretion should be shown to young people who are 18 years or older.

Such a move would be a first step in a process of reconciliation with large numbers of arrested individuals who might have been caught up in forces much larger than their own. Most of the arrested young people are good citizens, and with proper coaching and support they will be crucial to Hong Kong’s development in the future.

19:35

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The chief executive only mentioned police and not prosecutors, perhaps given the Basic Law norm that prosecutions are to be free from any interference. However, we strongly urge the Department of Justice to adopt a similarly merciful approach to the decision to prosecute.

Written warnings, offering no evidence and asking the court to bind over defendants are well-established diversionary methods used when a prosecution is not in the public interest.

We hope they can give young people a second chance to fully participate in Hong Kong’s development without having a criminal record arising from their actions. Such a coordinated approach by the police and prosecutors would represent a significant step to rebuilding trust and harmony in the community.

We must not and cannot tolerate violent social unrest. So-called justice lawbreaking, advocated by some people, severely damaged social order and the rule of law, posing threats to people’s lives and property. At the same time, the government and its police force need to take their share of responsibility for the events that engulfed Hong Kong last year.

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We take the chief executive’s support for police discretion to be a good-faith starting point for this process, and we urge the Department of Justice to extend these principles to young people over the age of 18 as well. Doing this, we can take the opportunity to reach out to the arrested and concerned family members to let them know they have not been forgotten.

We care about them by words and deeds. They are always part of us and we have to learn to live together. It is time to heal and move on together with our young people.

The authors are professors at the University of Hong Kong. Simon Young Ngai-man is an associate dean in the Faculty of Law, William Hayward is the dean of the Faculty of Social Science and Paul Yip is the chair professor (population health) of the Department of Social Work and Social Administration

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