8 | Friday, December 4, 2020 HONG KONG| EDITIONCHINA DAILY COMMENTHK

TO THE POINT Lawbreakers all got STAFF WRITER Enhancing Constitution-awareness in punished as justice the SAR more imperative now than ever Hong Kong is currently at a crucial of “one country, two systems”. giance to the HKSAR of the PRC natu- stage of righting wrongs and restart- The HKSAR has been repeatedly rally mean upholding the Constitution prevails in HKSAR ing socioeconomic development on disrupted by various hostile forces of the PRC and pledging allegiance the right track when it is of great since its establishment 23 years ago; to the country. Taking that legally- importance to publicize the nation’s and the “black revolution” last year binding oath is not just a formality Grenville Cross says that nobody in the Constitution more than ever. The SAR was the worst of them all to date and but a solemn act that will have one government has rightly attached great fueled the spread of separatism. The lose his/her job if he/she goes back city is above the law and criminals are importance to the celebration of the endless sociopolitical turmoil can be on it. By the same token it would help National Constitution Day this year, traced to a number of causes but none demonstrate the supreme authority of held to account for grave offences which is observed on Friday (Dec 4), more fundamental than the lack of the Constitution of the PRC. n June 21, 2019, extraordi- unrolling a variety of public events to Constitution-awareness in Hong Kong A Chinese proverb maintains: It nary scenes played out at raise Hong Kong people’s understand- society. Many people know about the takes a decade to grow a tree and the Police headquarters in ing of country’s Constitution. Basic Law but not the Constitution a century to educate people. The Wanchai. Up to 9,000 black- Make no mistake about it: This is of the country. The best way to cure enhancement of Constitution-aware- clad protesters besieged not saying Constitution-awareness pains is to fi nd their causes; and for ness must start early, preferably from childhood education. The HKSAR the building from 11am to Grenville Cross deserves attention only once a year. In Hong Kong to regain the original 3:45am the next day, causing The author is a senior counsel, law professor fact, a comprehensive system of public intent of “one country, two systems”, it government has decided to reform the numerous o­ cers to be trapped. The entrances and co-author of “Sentencing in Hong Kong”, education on the Constitution should must start with upholding the Consti- life-wide learning curriculum with an Owere blockaded, walls were vandalized and sur- and was previously the Director of Public be established, because public respect tution. Hong Kong has every reason to eye on providing in-depth knowledge veillance cameras were smashed. Prosecutions of the Hong Kong SAR. for and upholding of the Constitu- publicize the Constitution and go all about the country’s Constitution and As intended, huge inconvenience was caused to tion is vital to the smooth and lasting out in raising the Constitution-aware- the Basic Law. Such a reform may be the community as a whole. Tra­ c was disrupted, necessary in order to “safeguard public interests implementation of “one country, two ness of the whole society, or it won’t overdue but it is better underway than bus and minibus routes were re-directed, and and the lives and property of the people”. In cases systems”. be able to uproot all the ills. waiting. In many Western countries, 61 emergency 999 calls were not dealt with. The of unauthorized assembly, the gravity of the The Constitution is the mother Since the new National Security children begin learning about their sight of the baying mob shocked many observers, crime is assessed by such factors as the role of the of all laws, whose superiority and Law took eˆ ect, the overwhelming constitution in elementary school; including the six o­ cers who were falsely impris- oˆ ender, the degree of organization, the duration, authority are unmatched and abso- deterrence it serves has decidedly there is no reason why Hong Kong oned in a police van for three hours. To avoid the disruption caused, the danger posed, and the lute. It is also the source of power of stopped street violence as well as cannot teach younger generations bloodshed, however, the police adopted a “hands- number of participants. Once those criteria are the Basic Law of the HKSAR and pro- unruly behavior of the “burn-together about their constitution in elementary oˆ ” approach, waiting for matters to de-escalate applied to this case, it becomes clear that it falls vides the unshakable jurisprudential gang” in the Legislative Council. schools. That way it is easier to instill before fi nally stepping in. into a very serious category. The magistrate’s con- foundation and constitutional basis However, there is still a long way to go patriotism and respect for the rule of The protesters, of course, had various demands, clusion, therefore, that “immediate imprisonment for the principle of “one country, two before Hong Kong society can regain law in the minds of young children, which they naively assumed could be achieved is the only appropriate option”, is unimpeachable. systems” and “Hong Kong people its patriotic passion and sense of helping them develop immunity through intimidation and violence. Apart from In the Court of Appeal, Justice Ross Penlington administering Hong Kong”. Together belonging in the Chinese nation. It is against various “political viruses” later the withdrawal of the fugitive surrender propos- once said that “the object of any sentence is fi rst the Constitution and the Basic Law comforting to know that the SAR gov- in life. als, they also called for the charges to be dropped of all to deter the oˆ ender and also other mem- ensure the constitutional order of ernment has started working toward The National Constitution Day against those arrested for violence outside the bers of the public likely to commit that sort of the HKSAR. That is why one cannot this end, such as requiring civil ser- is an important occasion for public Legislative Council complex, and for the re-classi- oˆ ence” (CACC 509/1986), and this remains so. If, overstate the importance of Constitu- vants to take a legally-binding oath of servants on the mainland to take an fi cation of the June 12 riot as a “non-riot”. moreover, a court is weakly merciful, or does not tion to Hong Kong. As water, air and upholding the Basic Law and pledging oath of upholding the Constitution for These demands, quite clearly, were illogical, take a crime seriously, or fails to do its duty, it will sunlight are the vital factors to all life allegiance to the HKSAR of the PRC. extra feel of solemnity and ceremony. and, insofar as they sought an end to ongoing undermine the e­ cacy of the criminal law. The forms on Earth, the Constitution and Upholding the Basic Law of the It is a practice worth copying in the criminal investigations, they were an attempt to three lawbreakers have, despite their foreign con- the Basic Law together sustain the life HKSAR of the PRC and pledging alle- HKSAR. pervert the course of public justice. They were nections, now received their just deserts, and the also an aˆ ront to the rule of law, with organiz- rule of law has prevailed. ers apparently believing that mob rule would In a bizarre response, however, Amnesty Inter- Daniel de Blocq van Scheltinga carry the day. However, it did not, and those who national Asia Pacifi c’s regional director, Yamini sought to get their way by unlawful means have Mishra, claimed that the trio had been impris- now faced justice. oned “in violation of their rights to freedom On December 2, Joshua Wong Chi-fung, 24, of expression and peaceful assembly”. This, of United Kingdom government Agnes Chow Ting, 23, and Ivan Lam Long-yin, 26, course, is the type of drivel normally associated all previously members of the localist Demosisto with the former governor, Chris Patten, not with party, were imprisoned at the West Kowloon a once reputable organization, and it is, in any Court for their involvement in bringing about the event, contradicted by the defendants’ own guilty 15-hour siege of police headquarters, with each pleas. They were not imprisoned for exercising is still dreaming of empire receiving a sentencing discount for having shown their rights, but, as they themselves admitted, remorse by pleading guilty (WKCC 2289/2020). for their roles in organizing and inciting serious t is clearly challenging for some the Report does not seem to square with actions did not impact China’s security. Wong, who had previous convictions for unlawful public disorder, by means of a siege of the police former colonial powers to accept British colonial history when it pays lip The Basic Law gives the Chinese govern- assembly and contempt of court, was sentenced headquarters. the reality that the days of their service to the wishes of Hongkongers ment the exclusive jurisdiction over mat- to 13 months 2 weeks imprisonment, Chow to As Patten well knows, no other country, let grandeur, might and international who now rule themselves under the “one ters related to Hong Kong’s defense and 10 months’ imprisonment, and Lam, who had alone the UK, would ever tolerate people who Iinfl uence are over. The United Kingdom country, two system” formula as laid foreign aˆ airs. The Chinese Constitution four convictions of a similar nature, to 7 months’ create chaos by besieging police stations. If pro- is an excellent example of this constant down by their constitutional document, on the other hand clearly tasks the State imprisonment. testers had, for example, paralyzed New Scotland longing for a past era when its power the Basic Law. with suppressing actions that jeopardize Wong, a professional agitator, was the lead- Yard, in London, and prevented its o­ cers from stretched across the globe. “The Empire According to the British Foreign national security. If Hong Kong had ing fi gure in the criminal enterprise. He care- handling 999 calls for hours on end, he would on which the sun never set”. Ironically, Secretary, the Chinese government has already legislated according to Article 23, fully planned the event, and the video evidence have demanded their heads on a plate. Because, the UK government continues to strug- not respected its obligation, made in (like Macao has done) then perhaps the showed him telling people at the scene that they however, this happened in Hong Kong, this arch- gle with its voluntary purely self-infl icted the Declaration, that Hong Kong would National Security Law would not have should get others to join in and “completely hypocrite now seeks to downplay its gravity, even European sunset, namely Brexit. continue to enjoy a “high degree of been necessary. besiege police headquarters”. He was convicted calling the punishment of the culprits a “grim Notwithstanding the seemingly end- autonomy”. This is ironic considering the It is noted that the UK government of both organizing and inciting an unauthorized example of China’s determination to put Hong less Brexit saga, and despite its less than total control the British government had was much less vocal when a European assembly, while Lam was convicted of incitement Kong in handcuˆ s”. perfect handling of the COVID-19 pan- over their former governors, who could national government strongly intervened alone. Chow was convicted of both inciting and Patten, of course, has form for indulging in demic, the UK government continues to be replaced by Whitehall at a moment’s after a semi-autonomous regional gov- participating in an unauthorized assembly, and reckless criticism of this type. In 2017, for exam- spend time focusing on its former colony, notice without any local input whatso- ernment had its own parliament declare the evidence showed that she was highly active in ple, three activists, including Joshua Wong, were Hong Kong. Perhaps it serves as a use- ever. independence, its leader having had to encouraging others throughout the siege. imprisoned for what the Court of Appeal called ful distraction from its various domestic As co-drafters of the Declaration, fl ee the country. Not unlike the Hong The maximum sentence for involvement in “a large-scale, unlawful assembly, involving vio- issues. the British government surely under- Kong relationship with Beijing, the Span- an unauthorized assembly which is tried in the lence”, which left 10 security guards injured, with The latest, 47th, “The Six-Monthly stands that a “high degree” is not the ish central government has full authority Magistrates Court is 3 years’ imprisonment, and one having to take 39 days sick leave. Instead, Report on Hong Kong” (The Report) same thing as full autonomy. After all, over matters related to national security, a fi ne of HK$5,000. The trio, therefore, can count however, of condemning their violence or sympa- has been released by the Foreign O­ ce, each and every word and clause was and any actions taken by the semi-auton- themselves lucky that, despite their guilty pleas, thizing with their victims, Patten, in an extraordi- harking back to the days when annual discussed, debated, and agreed upon omous Catalan government in breach their sentences were not longer, in light of their nary outburst, described the imprisonment of the situationers are fi led from all colonies of during the drafting of the Declaration. of the Spanish constitution are illegal. signifi cant roles. If, however, they thought they culprits as “a serious error on the part of Hong its Empire. Hong Kong clearly has a spe- Hong Kong is not a separate nation; it The British response was as follows: were above the law, or if they imagined that their Kong’s government”, which was “deplorable”. As cial place because there are no regular is a territory of the People’s Republic of “We continue to want to see the rule of foreign allies would shield them, they have now he should have known, given his years in Hong reports in the same vein regarding, for China. To suggest that Hong Kong does law upheld, the Spanish constitution had a rude awakening. Kong, the oˆ enders were not imprisoned by the example, India, Israel, Libya, or South not have this high degree of autonomy respected, and Spanish unity preserved.” Although their lawyers urged everything pos- government but by the judges, and, as the Bar Africa, all former British colonies or displays a wilful distortion of reality. Why the UK sings to a vastly diˆ erent sible on their behalf in mitigation, this was a Association and the Law Society made clear in protectorates. The all too regular killing Hong Kong is itself a party to multiple tune regarding Hong Kong can only be very serious case, and condign punishment was a joint statement at the time, court rulings are of black civilians by their police force, or international treaties, has its own cur- guessed at. inevitable. As the Permanent Magistrate, Wong made “solely according to law”. the forced separation of children from rency, own legal system, and own border The 47th Report reveals both an arro- Sze-lai, explained, the unauthorized assembly was Patten, unfortunately, has learned nothing their parents in another former British controls. Even the o­ cial languages set it gance and lack of understanding of the “well-planned”, and the defendants had “called on from that ill-judged intervention, and is still ped- territory apparently does not warrant the apart from the rest of China. Apart from (not so) new realities. The Handover protesters to besiege the headquarters and chant- dling his myths. He should, nonetheless, at least same British concern. the other SAR, Macao, no other part of did occur on that rainy day of July 1, ed slogans that undermine the police force”. In try to face up to the inconvenient truth that a The argument used is that as Britain China enjoys such autonomy. The Basic 1997, and the fact that Hong Kong was the circumstances, community service, which had professional magistrate, exercising an indepen- is a signatory to the Sino-British Joint Law, which is a derivative of the Chinese returned to its motherland was never been suggested, was not an appropriate response dent judgment, has punished three oˆ enders for Declaration, it has a vested interest, Constitution, even tasks Hong Kong disputed by any country, including the to the crimes that had occurred. Instead, it was serious public order oˆ ences, and has done so or even an obligation, to closely follow with legislating “on its own” to safeguard United Kingdom. And yet the British necessary for the court to “take into account fac- on the basis of their own admissions of guilt, the Hong Kong aˆ airs. In fact, the only national security. Will the Foreign O­ ce government has appointed itself a spe- tors such as protecting the public, meting out evidence presented and the relevant law. obligations that the UK had pursuant also protest when fi nally, Hong Kong cial status as rapporteur on Hong Kong penalties, open condemnation and deterrence”. On June 13, moreover, Patten announced that to this Declaration have already been does fulfi ll this obligation and legislate aˆ airs. With people worried about a Quite clearly, those who are involved in orga- he had been made a patron of the London-based fulfi lled: the actual Handover of the terri- according to Article 23? possible resurgence of the struggles in nizing or inciting unauthorized assemblies which Hong Kong Watch, the sinophobic propaganda tory to China, and the removal of British The Report suggests that the passing Northern Ireland post-Brexit, perhaps seek to intimidate others or to cause major dis- outfi t which specializes in maligning China and forces and government entities. In the of the National Security Law is a breach China, as a goodwill gesture of reci- ruption, and which result in other crimes, such as whitewashing the excesses of the protest move- language of the Declaration “To restore of the Declaration, but conveniently does procity, should appoint itself a special false imprisonment and criminal damage, must, ment, and it is now clear why. His capacity for Hong Kong to the People’s Republic of not specify which clause it deems to be observer and rapporteur of develop- in the public interest, be punished appropriately. self-delusion is second to none, and makes him China with eˆ ect from 1 July 1997”. There breached. After many months of violent ments in that part of the UK? Or is that If they are not, others may be encouraged to fol- a perfect fi t in a grouping of self-important fan- was a Sino-UK Liaison Group to man- protests, with clear foreign infl uence and a status only reserved for former colonial low suit. A fundamental objective of criminal tasists. age the practical transfer of regulations backing, during which public and gov- powers? justice is ensuring public safety, and the courts, But if, just for once, the likes of Patten and under UK law to Hong Kong local laws. ernment infrastructure was destroyed, by the sentences they pass, must show their dis- Mishra can get real, they will be able to see that When this was accomplished, this advi- Hong Kong citizens and Chinese main- The author is a specialist in Inter- approval of crimes which threaten the stability of nobody in Hong Kong is above the law, that crim- sory group was discontinued in 2000. land visitors were violently attacked, and national Public Law, an adviser on Hong Kong. inals are held to account for grave oˆ ences, and Nowhere does the Declaration mention foreign government o­ cials lobbied for China-related matters to both the pri- The magistrate, therefore, was quite correct to that justice ultimately prevails over mayhem. a British duty to monitor Hong Kong, restrictive economic measures against vate and public sectors. He has lived emphasize that, since the case involved a breach nor a Chinese obligation to report to the China, and most disturbingly, with some in Hong Kong for over 18 years. of public order and safety, including “the personal The views do not necessarily refl ect those of UK. This sudden altruistic shouldering protestors openly clamoring for indepen- The views do not necessarily refl ect safety of the public”, deterrent sentences were China Daily. of a “duty to the Hong Kong people” in dence, it is di­ cult to argue that these those of China Daily.