Mike Rowse

Opinion | Keeping people on police bail for 5 years is an abuse of power

There is no justification for curbing the freedoms of thousands of young people who have not been found guilty of any offence following the 2019 unrest

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Police officers stand guard outside the West Kowloon magistrates’ courts during a hearing of a national security case on May 30. Photo: Sam Tsang

Mike Rowse

Published: 4:30pm, 3 Nov 2024

Secretary for Security Chris Tang Ping-keung should perhaps take another look at Hong Kong’s rule of law and the common law system, going by his remarks at a recent interview.

Bearing in mind his portfolio covers all the disciplined services – police, customs, immigration, fire and others – who are responsible for keeping order in society, having a full understanding of these aspects would seem to be a pretty fundamental part of his job.

Moreover, his remarks, taken at face value, could well be seized on by various anti-China and anti-Hong-Kong organisations overseas. We all know they have their own hostile agendas and narratives, but there is no need to give them fresh ammunition against us, albeit inadvertently.

The Basic Law says the legal system previously in force in Hong Kong, that is, the common law, shall remain in force. It is significant that in his hallmark speech on July 1, 2022, during his visit here, President Xi Jinping referred twice to the common law system and stressed the importance of maintaining it.

As it applies to commercial cases, the common law is one factor that makes our city so attractive as a place to do business because it provides for a level playing field and the enforceability of contracts.

As it applies to criminal cases, the common law is based on a number of simple principles: all are equal before it; a person is innocent until proven guilty; nobody can be detained against their will except in accordance with the law; justice delayed is justice denied, and so on. Above all, it is built around the concept of what is reasonable and fair – in any given circumstances, what a reasonable person would think or do.