Jailing of Occupy police officers highlights flaws in Hong Kong’s judicial system and Basic Law

Tian Feilong says the heavy sentence for police officers executing their duty during a protest movement reflects the problems with Hong Kong’s constitutional set-up. Two decades after the handover, it’s time to fix them

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A protester objects to the conviction of the seven police officers for assaulting an Occupy protester. Photo: EPA

Published: 2:56pm, 7 Mar 2017Updated: 8:09pm, 7 Mar 2017

The recent sentencing of seven Hong Kong police officers for the assault of an Occupy protester sparked a public backlash. While the protester remains at large, the seven officers enforcing the law at the scene have been jailed. The court ruling sent a strong message that, in such social protest movements, the presiding judge’s moral support lies with the protester, while the hands of the law enforcers are tied.

As a consequence, protesters will become even more radical. The excessive punishment for the seven officers, at a time when Hong Kong society is in chaos, has prompted a rethink of the value of the rule of law and how it can support the city. Then there are questions about the nationality of the judge, the rationale behind the ruling, impartiality, and possible political motives behind the ruling.

The case also presents a predicament for the city’s law and order: if there is another Occupy protest, would frontline officers still be reliable and dedicated enough to maintain law and order?

The grievances of our police must be heard if we want an effective force

The court ruling was handed down according to common law methods and arguments about rights. It stresses the rights and freedoms of the protester without equal regard to the discretion which the police could exercise while enforcing the law during a protest. The judge has failed to strike a balance between freedom and order.

Police officers arrest a pro-democracy protester during the Occupy Central protests in November 2014. Photo: Sam Tsang

Hong Kong’s firm grip on the law in Occupy police assault case is a valuable lesson for the mainland

Social protest movements are extraordinary events. The judge should have differentiated the powers that the police are allowed to use in such situations from those normally allowed. The Occupy protests were unprecedented in Hong Kong, and police were working in an emergency, where there were no comprehensive guidelines to follow. In such situations, frontline officers have to make decisions on the spot about what action to take and how much force is appropriate. How could a judge’s ruling override the professional judgment of officers on the job?

Frontline police officers have to make decisions on the spot about what actions to take and how much force is appropriate