Hong Kong government must face up to responsibilities on human rights

As court orders, followed by more aggressive police tactics, seek to clear the streets in Mong Kok and Admiralty, the non-violent civil disobedience campaign in Hong Kong has reached a climax.

For two months, the protesters have impressed the world with their peaceful sit-ins. Allegations that they are undermining the rule of law have met with scepticism.

In this moment of difficulty, we should not lose sight of the fact that primary responsibility for maintaining the rule of law rests with the government. The administration cannot simply hide behind civil court orders and police powers in exercising its responsibility. How it tackles the many problems with the underlying reform process will be crucial.

In the face of the court orders and strategies of escalation by both sides of the row, protesters committed to non-violence are now confronted with whether to stay on the streets and accept arrest or to withdraw peacefully.

They have posed little risk to the rule of law. Ignoring a court order might be a sign of disrespect, but resistance by private individuals must escalate to a more widespread level of lawlessness to undermine the rule of law in any substantial way.

That the campaign aims fundamentally to resist government infraction of the Basic Law may also be relevant to assessing the evolving situation.

Civil disobedience campaigns often articulate a strong concern for unjust laws and the denial of basic rights. While protesters must shoulder responsibility for responding peacefully to lawful court orders, the government must take greater responsibility for both alleviating the circumstances that gave rise to the protests and handling the protests in a measured and lawful manner.