CHINA DAILY | EDITION Wednesday, February 26, 2020 | 9 COMMENTHK

TO THE POINT Private prosecution: A citizen’s STAFF WRITER Mask shortage highlights right but capable of grave abuse the altruism of Shenzhen says suspects must never be prosecuted Grenville Cross The COVID-19 epidemic, also referred to as the novel coronavirus pneu- unless there is at least a reasonable prospect of conviction, monia, has not stopped spreading on the Chinese mainland, although the increase of confi rmed cases has slowed down signifi cantly and been and it is also in the public interest to pursue such an action surpassed by the increase of recovered patients in Hubei province, the epicenter of the outbreak, including its capital city of Wuhan, as well as lthough the Democratic could not be honestly and reasonably arrived the rest of the mainland. Thus, disease prevention necessities such as sur- Party lawmaker, Ted Hui at” (Raymond v Attorney General, 1982). gical masks and coveralls are still in short supply everywhere, but more Chi-fung, is trying to bring In e­ ect, what anyone dissatisfi ed with her so on the mainland than in Hong Kong. Thankfully, many more surgical a private prosecution decision would need to show on appeal is mask production lines on the mainland have resumed operation since last against a police o cer for either that the decision was unlawful, or con- week, boosting the daily supply. However, supply is still overwhelmed by having shot a black-clad travened established prosecution policy, or surging demand everywhere on the mainland at this point. This very fact protester during a violent Grenville Cross was perverse, none of which would be easy to has made Shenzhen’s donation of face masks to Hong Kong all the more confrontation in on Nov 11, he The author is a , law professor, establish. signifi cant. Amay well fi nd out that there is more to this and criminal justice analyst, and was previ- If the right of private prosecution is abused, The challenging situation has not stopped the central government and than he imagined. ously the director of public prosecutions. for political reasons or otherwise, the secre- mainland compatriots from doing everything possible to maintain basic Hui has accused Station Sergeant Kwan tary for justice has no choice but to intervene, daily supplies to 7.5 million Hong Kong residents. For example, after the Ka-wing, a tra c o cer, of attempted murder to play in appropriate circumstances. Indeed, not least because of her duty to uphold the central government rushed 17 million face masks to Hong Kong earlier, and shooting with intent to cause grievous the famed English jurist Lord Wilberforce integrity of the criminal justice system. Hui’s the neighboring city of Shenzhen o­ ered on Monday to donate 1 million bodily harm, both of which o­ ences carry once called the right of private prosecution “a motivation, therefore, will require very careful masks to Hong Kong, with 100,000 more every day after the distribution life imprisonment on conviction. Hui and his valuable safeguard against inertia or partiality scrutiny, and, once it has assessed the situa- of this batch. This is further proof that blood is thicker than water and cronies have reportedly raised HK$3.38 mil- on the part of authority” (Gouriet v Union of tion, Kwan’s lawyers will undoubtedly home the motherland genuinely and deeply cares about Hong Kong despite lion ($434,000) for the purpose of prosecuting Post O ce Workers, 1978). in on this aspect if they ask Cheng to end their evil attempts by separatists in Hong Kong to poison people’s minds with police o cers, and, having studied several However, before things can progress, the client’s ordeal. hatred. As a matter of fact, the brilliance of “one country, two systems” incidents, they have opted to go after Kwan, as private prosecutor must fi rst persuade a If, moreover, the court throws out the case, grows stronger when enemies of the Chinese nation step up their desper- if they were engaged in a lottery, not a solemn magistrate to issue a summons against a pro- Kwan will be entitled to claim his legal costs ate acts of sabotage. act. Although Hui, when he attended Eastern posed defendant, which invariably requires against Hui. If the private prosecution is The municipal government of Shenzhen held a simple but heart- Court on Jan 23, announced that his private disclosure of the evidence to be relied upon. deemed unmeritorious, Kwan will also wish warming ceremony on Monday to present Hong Kong compatriots with a prosecution was intended to deter police o - Then, if he wishes to retain control, and not to consider suing Hui for malicious prosecu- batch of 1 million face masks via the Liaison O ce of the Central People’s cers from abusing their powers, he could be in everyone does, he may have to persuade the tion, which, as a tort, is a claim for damages Government in the Hong Kong Special Administrative Region, with the for a rude shock. secretary for justice not to intervene and take for harm done. promise of 100,000 more a day as long as necessary. The protective gear is During the incident, Kwan was reportedly the case over, as he or she is entitled to do, In the United States, moreover, the US made in Guangdong, the heart of the Pearl River Delta region, where the confronted by hostile protesters, and was particularly if it is arbitrary, dubious or politi- Court of Appeals for the Seventh Circuit has COVID-19 epidemic has not been contained. According to latest o cial struggling with one of them when he fi red at cally tainted. defi ned “vindictive prosecution” as conduct notices by national disease control authorities as well as regional centers another, who was closing in on him. Accord- Under the Basic Law (Article 63), the that results from “specifi c animus or ill-will” around the country, including the Hong Kong and Macao SARs, people ing to the police spokesman, Li Kwai-wah, a Department of Justice retains the ultimate (United States v DeMichael, 1982). If, there- must remain on alert and take all preventive measures against the SARS- group of troublemakers “were believed to be control of prosecutions, whether public or fore, it becomes apparent that Hui has initi- CoV-2 pathogen. targeting the o cer’s pistol”, and “the act of private. Once a private prosecution starts, ated a criminal prosecution against Kwan, not A noteworthy development on the virology and pathology research drawing his revolver and even shooting did the secretary for justice, Teresa Cheng Yeuk- because of the strength of the evidence and front points to the growing likelihood of the SARS-family virus not hav- not deviate from the guidelines”. The Hong wah, may, under the Magistrates Ordinance the public interest, but because of his hatred ing originated in Wuhan after all. That notion is receiving more circum- Kong Island regional commander, Kwok Pak- (Section 14), “intervene at any stage of the of the police force and its policies, Cheng will stantial backing from around the world as more lab tests found genetic chung, subsequently disclosed that Kwan had proceedings”, and either prosecute the case wish to consider if he should be prosecuted evidence of coronavirus strains in Western countries, such as Italy and the felt “his life was at risk”. herself, if it has substance, or, if it is frivolous, for attempting to pervert the course of public US, that are di­ erent from the strain from Wuhan, prompting scientists After the incident, Kwan was doxxed by end it, by withdrawing it or o­ ering no evi- justice, by trying to have an innocent man to suspect there are multiple origins and the one found in Wuhan might hostile elements, while his two young daugh- dence. Although Hui, when he attended court convicted on trumped up charges. not be the oldest, in addition to the common knowledge that the virus is ters received death threats. last month to initiate his private prosecution, Indeed, Hui, buoyed by his war chest, has constantly evolving and mutating. This means the “war” on the COVID-19 Although Hui claims to have three wit- warned the secretary not to intervene, claim- now become trigger-happy. On Feb 24, he epidemic is not over yet, and face masks remain a valuable, strategic item. nesses to substantiate his allegations, these ing this risked damaging her department’s announced that he is planning yet another do not include the man who was shot, Chow reputation, he is clearly unaware of Cheng’s private prosecution. In his sights this time Pak-kwan, as there are fears he will risk being legal obligations. is Henry Cheng Kwok-chuen, the taxi driver charged if he tells the court what he was If the Department of Justice has already who, after his vehicle ploughed into a crowd MTR station disinfected doing during the incident. It is, of course, very decided that no prosecution is justifi ed, in Sham Shui Po on Oct 6, was dragged out unusual indeed in a case like this not to call Cheng will have to stop the case, unless Hui and beaten unconscious by a frenzied mob, the alleged “victim”, particularly when he is has signifi cant new evidence of which her which then smashed up his taxi. As with available to testify. If the case ever proceeds department was unaware. The public interest Kwan, Cheng’s family also received death to trial, which seems unlikely, its prospects of obviously requires that unmeritorious tri- threats, such being the all-too-familiar tactic success would be greatly a­ ected by the delib- als should be avoided, and that mischievous of the protest movement. Hui, however, has erate absence of the very witness from whom cases are nipped in the bud. Quite clearly, the said nothing about also prosecuting those the court would expect to hear. legal system can have no truck with private who assaulted Cheng, criminally damaged his At common law, however, it is open to an prosecutions which the courts have called vehicle, and intimidated his family, and one aggrieved citizen to bring a private prosecu- “an abuse of legal process” (Dyson v Attorney can only wonder why, if he is really seeking tion. This is an ancient right, and it provides General, 1911). justice. a remedy for the individual who wishes to see Of course, in the unlikely event that the pri- Although, properly used, private prosecu- the law enforced, as the legislature intended vate prosecution was found by the magistrate tion is an important feature of our legal it should be, save for good reason. The right to have substance, the case, given that the system, if it is misused it can become a tool of was invoked, for example, by the former law- o­ ences carry life imprisonment, would have oppression. Suspects must never be prosecut- maker, Wai-hing, in 1998, against to be transferred for trial to the Court of First ed unless there is at least a reasonable pros- the then-director of the , Instance. It would then be necessary not only pect of conviction, and it is also in the public Jiang Enzhu, for an alleged failure to comply for Cheng to fi nalize the charges and sign the interest. If prosecutions are not brought in with a data access request. However, the case indictment, but also to assume the conduct of good faith, those responsible must face the collapsed after the High Court ruled that Lau’s the prosecution. consequences. The criminal justice system in allegation “was, on any view of the matter, Once the secretary for justice has stepped Hong Kong must be safeguarded at all costs. Workers thoroughly clean the entrance of the Mong Kok East MTR station. misconceived”. in and terminated a private prosecution, her Health authorities announced that a newly confirmed case of the novel coronavirus pneumonia is a 33-year-old who works at the station. EDMOND Although the right to privately prosecute is, decision cannot thereafter be challenged The views do not necessarily refl ect those of TANG / CHINA DAILY thus, open to abuse, it nonetheless has a role judicially, unless it is “manifestly such that it China Daily. Solidarity, dedication will help win the war on COVID-19 s we stepped into the Year of the including People’s Liberation Army hospi- SARS-CoV-2. Not only did they acknowl- shape of COVID-19, which is particularly Rat, an unexpected epidemic has tals, descended upon Wuhan and surround- edge China is making tremendous e­ ort serious in East Asia. Even Bill Gates said disrupted people’s daily routine, ing areas in Hubei province to help fi ght the to implement e­ ective measures against some years back that a nuclear war may throwing their work and stud- epidemic. Risking their own safety to save the spread of COVID-19, but also thanked never happen, but an epidemic could occur iesA into disarray. The new coronavirus that thousands of lives in the epicenter of the China for helping nations around the world at any time. He has been proved right more causes the COVID-19 disease is bearing COVID-19 outbreak, those medical workers by preventing the spread of the epidemic. than once, unfortunately. down on China with tens of thousands Fong Yun-wah demonstrate the power of a nation united Echoing Xi’s aspiration to pursue a shared A Chinese proverb says that in time of of reported infections. The fl ow of people The author is the chairman of Fong Shu with one heart and one soul in defeating a future for mankind, many governments safety, do not forget danger and always has facilitated the spread of the virus to Fook Tong Foundation and the Fong’s deadly epidemic. have donated medical supplies such as sur- be prepared for emergencies with preven- other parts of the world. According to news Family Foundation. As China is the most populous country gical masks, coveralls and disinfectants to tive measures to ensure safety. Hopefully reports, human infections have occurred in and the second-largest economy in the the nation in appreciation of the country’s the current epidemic can raise awareness many countries, a situation that surely war- world, any local incident can have a ripple sacrifi ce for the sake of mankind. In return, among the international community of the rants concern. In order to prevent a com- e­ ect on the rest of the world. In this case, Xi promised greater e­ orts to cooperate importance of preventing future epidemics. munity outbreak, governments around the COVID-19 is posing a challenge to public with the WHO and the international com- Since the onset of the COVID-19 epidemic, world have issued travel warnings against health protection around the world. In an munity in safeguarding regional and global more and more patients have been cured. China; anyone who has visited China must open, transparent and responsible manner, public health. The number of new infections on the main- be placed under quarantine for 14 days. Fong Man-hung the central government releases up-to-date History tells us that panic is the last thing land is now falling. At the same time, medi- Thankfully, compassion is never far away The author is a member of the National information and statistics on the epidemic we need in the face of an epidemic. Man- cal scientists around the world are working wherever an epidemic strikes. The central Committee of the Chinese People’s Politi- to keep all stakeholders informed of the kind survived many deadly scourges, such diligently on a vaccine to ward o­ SARS- government headed by President Xi Jinping cal Consultative Conference. latest developments in the prevention and as the plague, Black Death, and typhoid, CoV-2 and developing a cure for the disease. attaches great importance to the prevention Thankfully, compassion is control of the disease. This is a manifesta- in the distant past. More recently, we have Zhong is hopeful that the epidemic can be and control of the epidemic. In addition to tion of its commitment to protecting public prevailed over highly infectious diseases like brought under control, if not stopped, in complete shutdown of neighborhoods and never far away wherever health. In a telephone conversation with SARS, Middle East respiratory syndrome, April so that life can return to normal for even cities to contain the spread of the COV- President Xi, US President Donald Trump Ebola, etc., thanks to the concerted e­ orts everyone. In the meantime, let us pay trib- ID-19 scourge, the central authorities also an epidemic strikes. The praised China for doing a great job combat- of medical scientists around the world. ute to all medical specialists and hospital mobilized emergency medical task forces central government head- ing the epidemic; health experts, including While the battle against COVID-19 contin- sta­ who have contributed to our safety and from around the country, including military the director-general of the World Health ues, it is worth noting that we had been well-being in the face of COVID-19. And our hospitals, to reinforce isolation and quaran- ed by President Xi Jinping Organization, Dr Tedros Adhanom Ghebr- forewarned before the outbreak. For exam- hearts go out to the families of those who tine measures as well as materials and man- attaches great importance eyesus, who visited Wuhan before the city ple, Dr Zhong Nanshan, a leading infectious lost loved ones while fi ghting to contain the power to build two temporary quarantine was completely shut down, commended the disease expert, said in an interview in 2008 epidemic. and treatment hospitals in Wuhan in record to the prevention and con- transparency China had shown in sharing that a public health hazard such as the time. Meanwhile, hundreds of medical disease data and genetic sequence of the SARS epidemic in 2003 may happen again. The views do not necessarily refl ect those personnel from other parts of the country, trol of the epidemic. novel coronavirus, now o cially named Eleven years later, his fear came true in the of China Daily.