Grenville Cross Says All of Those Who Were Complicit in RTHK Continues Protest-Related Crimes Must Expect to Face Consequences
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| Monday, March 22, 2021 8 CHINA DAILY | HONG KONG EDITION Tuesday, June 1, 2021 | 9 COMMENTHK Strong punishments are a Ho Lok-sang The author is a senior research fellow at the Pan Sutong Shanghai-Hong fi tting coda to lawless era Kong Economic Policy Research Institute, Lingnan University. Grenville Cross says all of those who were complicit in RTHK continues protest-related crimes must expect to face consequences n May 28, 10 well-known “Beijing” played a part in the prosecution, to serve SAR’s defendants, who had ear- this shows his capacity for self-delusion and lier pleaded guilty to orga- misleading others is boundless. Under the nizing an unauthorized Basic Law, the Department of Justice controls criminal prosecutions “free from any interfer- public interest assembly on Oct 1, 2019, received their just deserts, ence” (Art.63), and, given that this was an and were sentenced to Grenville Cross open-and-shut case, its prosecutors would terms of imprisonment which ranged from 14 The author is a senior counsel, law profes- have had no di culty in concluding that ast week I read an interesting article by Professor Joseph sor and criminal justice analyst, and was to 18 months (DCCC 534/2020). Two of them, prosecutions were appropriate. The sentence Man Chan, professor emeritus of journalism and communi- O previously the director of public prosecu- for organizing an unauthorized assembly however, Richard Tsoi Yiu-cheong and Sin tions of the Hong Kong SAR. cation at the Chinese University of Hong Kong. His article, Chung-kai, had their sentences suspended, was, moreover, never “a fi xed-penalty fi ne”, published in Ming Pao, was headlined “RTHK turning into because of mitigating factors, including their and the courts have always enjoyed a wide La mouthpiece goes against the public interest”. Since I am most con- limited role in the o ense and their public If the defendants thought sentencing discretion. It is, moreover, fun- cerned about the public interest, I was curious to fi nd out what his service record. their wealth, status, and for- damental to criminal justice, in both Britain concerns are. Those sentenced to immediate imprison- and Hong Kong, that sentences “take their He is correct in saying that public broadcasting should serve the ment were Jimmy Lai Chee-ying, Albert Ho eign connections could shield fl avor” from the maximum penalty pre- public interest. However, he named the BBC as the preeminent exam- Chun-yan, Lee Cheuk-yan, Cyd Ho Sau-lan, them from the consequences scribed by law, in this case fi ve years’ impris- ple of responsible public broadcasting. That is very strange indeed, Leung Kwok-hung, Yeung Sum, Avery Ng of flouting the law, they were onment, and that, if previous sentences have as the BBC has been beset with a number of scandals. The latest one Man-yuen and Figo Chan Ho-wun. In pass- not worked, the courts impose severer pun- had to do with BBC reporters lying to earn the trust of Princess Diana ing sentence, Judge Amanda Woodcock sorely mistaken. The law is ishments. so she would agree to do an interview. Prince Harry charged that the noted that the defendants had consciously above them, not vice versa, In 2019-20, Hong Kong faced an insurrec- “ripple e ect of a culture of exploitation and unethical practices” ulti- tion which sought to topple its government, decided to break the law and challenge pub- and equality of treatment is mately took his mother’s life. lic order during a volatile period. Although paralyze its legislature, and destroy the “one More grave is the charge made by Hamid Dabashi, a Columbia Uni- the defendants had called for a “non-violent a hallmark of Hong Kong’s country, two systems” policy. The insur- versity professor, in a 2018 Al-Jazeera article, about “the harmful role procession”, this was “naive and unrealistic”, legal system. Indeed, once a rectionists received wide support, which of the BBC as the propaganda machine of British imperialism around because what was happening on a daily basis took various forms, from within the protest the globe. As well as in enabling and facilitating the CIA/MI6 coup at that time was quite the opposite. Indeed, law is enacted it applies to movement itself, as well as from hostile of 1953 in my homeland in particular, by doing precisely what it now petrol bombs were thrown along or near the everybody, including those forces elsewhere. Anybody involved, whether goes around fi nding darker nations doing — indulging in fake news procession route, and the video evidence who dislike it, and a civilized directly or indirectly, in protest-related crimi- and propaganda”. showed that other acts of criminal damage, nality must, therefore, expect to face condign Professor Dabashi continued: “After years of speculative suspicion arson and violence were also occurring. society cannot tolerate cher- punishment. Although those who organized dismissed as conspiracy theories, BBC Radio 4 fi nally admitted … ‘the If the defendants thought their wealth, ry-picking. unauthorized assemblies may not be as cul- true extent of Britain’s involvement in the coup of 1953 which toppled status, and foreign connections could shield pable as those who attacked the police with Iran’s democratically elected government and replaced it with the tyr- them from the consequences of fl outing petrol bombs, brutalized mainland visitors, anny of the Shah.’ ” the law, they were sorely mistaken. The law As is customary these days, hostile for- or torched the train stations, they nonethe- is above them, not vice versa, and equality eign actors raised their voices immediately less contributed to a climate of lawlessness in of treatment is a hallmark of Hong Kong’s as soon as the sentences were imposed. As which legal norms were trashed and fanatics I am a frequent guest on the Backchat program legal system. Indeed, once a law is enacted usual, none was more imbecilic than the walked tall. Their time in the sun, however, on Radio 3 RTHK, and I can testify that it has is now over, and the Department of Justice it applies to everybody, including those who serial fantasist Benedict Rogers, who is continued to allow diverse opinions to be aired. dislike it, and a civilized society cannot tol- London-based. He runs Hong Kong Watch, deserves full credit for helping to bring this erate cherry-picking. As Woodcock told the a sinister propaganda outfi t which peddles about. I do not see any sign that RTHK is now serving defendants, “Actions have consequences for fallacies about China and whitewashes the Between March 14, 2020, and Feb 25, 2021, the interests of “the rich and powerful”. I al- everyone, irrespective of who they are.” excesses of anti-China forces operating in the secretary for justice, Teresa Cheng Yeuk- The o ense of organizing an unauthorized Hong Kong, regardless of their crimes. Rog- wah, invited the Court of Appeal to review ways support the cause of press freedom, with assembly is a serious one, punishable under ers, who describes criminal fugitive Ted Hui the sentences imposed in 13 protest-related the proviso that press freedom must not under- the Public Order Ordinance with up to fi ve Chi-fung as his “hero”, and hopes to see the cases. This was because the trial courts had mine the public interest. years’ imprisonment (Sect.17A). Although, in notorious China-basher Mike Pompeo in the imposed a succession of what she believed the past, there were cases in which fi nes were White House one day, announced that “with were manifestly inadequate sentences. There- imposed, these clearly had no e ect, and the sentencing going from what was previously after, the Court of Appeal agreed that the The BBC World Service is not regulated by the O ce of Communica- o ense has proliferated in recent times. As a fi xed-penalty fi ne to now over a year in jail, sentences were indeed too lenient, and 15 tions. The BBC o cial website states: “Instead the BBC is responsible there were many people who thought they Beijing is seeking to make the cost of peace- defendants saw their original sentences over- for setting its overall strategic direction, the budget and guarding its could defy the law and get away with it, the ful protest in Hong Kong severe”. turned and replaced by severer punishments editorial independence for World Service. It must set and publish a o ense provisions were being brought into As always, Rogers, a barrack-room lawyer which adequately refl ected their culpability. Licence for the World Service, which defi nes its remit, scope, annual disrepute, and the dangers to public safety par excellence, was talking through his hat. In consequence, the clear message has gone budget and main commitments, as well as ‘objectives, targets and pri- were increasing. It became obvious that the The defendants were not imprisoned for out that appropriate sentences should be orities’ which are agreed with the Foreign Secretary.” courts had to enforce the law far more vigor- holding a peaceful protest, but for organizing imposed in all cases of this type, and those So the BBC is, at least as far as its World Service is concerned, a ously, and this meant that they had to impose a public procession which endangered public who challenged the rule of law are now being mouthpiece of the United Kingdom government. I had thought that sentences which would not only punish par- safety, and without the necessary clearance taught the lessons their conduct so richly Professor Chan knew this. ticular o enders but also deter others.