Social News
Author: Chen Qianting
2020-09-07 09:45
Last update date: 2020-09-07 09:45
The vice chairman of the People's Forces, Tan Dezhi, was arrested yesterday (6th) on suspicion of publishing seditious texts and was arrested by the police under the Criminal Offences Ordinance. The police claimed that his remarks caused hatred and contempt for the government, and some of the words also caused dissatisfaction among the people.
Chen Wenmin, Professor of Public Law at the Faculty of Law of the University of Hong Kong, today (7th) described the ordinance as outdated, broad in terms, and normal and reasonable. The government will not prosecute. However, it is difficult to infer the Hong Kong government’s practices.
He said that the regulations began in the colonial repressive era, and the government tried to avoid using them after the 1967 riots. Because the understanding of freedom of speech a hundred years ago was difficult to be accepted by today's society, the legal profession has been demanding amendments.
Chen Wenmin predicted that the case might not be over, but it has already caused a nuisance to the parties and affected the atmosphere of social commentary.
He bluntly stated that the police's use of outdated regulations to restrict freedom seems to be a trend in the police society. If the government only exercises the power of prosecution against those who oppose the government, it would be a way of narrowing freedom.
Chen Wenmin, Chair Professor of Public Law, Hong Kong University Law School.
(Profile picture)
Tan Dezhi was arrested for committing article 10 of Chapter 200 of the Criminal Offences Ordinance. Li Guihua, Senior Superintendent of the National Security Service, pointed out yesterday that Tan’s remarks mainly constituted incitement to literary crimes, including causing hatred and contempt of the government. The wording also caused dissatisfaction among the people. However, after investigation by the National Security Department, it was found that arrest under the Criminal Offences Ordinance was more appropriate.
Chen Wenmin: The regulations began in the colonial repressive years, and the interpretation of freedom of speech has evolved over the past century
Chen Wenmin, the lecturer of public law at the Faculty of Law of the University of Hong Kong, said on the commercial TV program "Starting on a Sunny Day" that the predecessor of the ordinance began in the era of colonial repressive rule. The government is moving towards enlightenment and has avoided it as much as possible. In addition, after the Hong Kong Bill of Rights and the Basic Law come into force, freedom of speech will be guaranteed. Therefore, even if the chairman of the Central and Western District Council, Cheng Liqiong, was arrested for committing this case last year, it would not end.
He continued that the legal interpretation of freedom of speech has evolved a hundred years ago, and it is difficult to accept in today's society. In a society of free speech, the public can criticize the government, but there is no guarantee that they can be politely criticized.
He also pointed out that the legal terms of the ordinance are too broad, and the legal profession has always believed that the ordinance needs to be amended. For example, he pointed out that the provisions in the ordinance that constitute a crime must cause "hate", "contempt", "rebellion", etc. towards the government. Involving incitement to conviction, with the intent to cause someone to take action, can only be convicted by violent methods to achieve the consequences.
If you support the government, you can "get it all" or enter the police society
Chen Wenmin believes that there is a greater chance that the case will not end and that the normal and reasonable government will not prosecute, but frankly it is difficult to speculate about what the government is doing now.
He also believes that the impact of this incident is greater than a single judgment. Even if the police do not prosecute in the end, it has already caused nuisance and pressure on the parties, and it will make others self-modify on many things. The influence of social commentary is worrying.
How the government exercises the power of prosecution is also the key. If those who support the government "get everything", those who oppose the government will prosecute everything, which makes the public uneasy. In addition, the police use outdated regulations to restrict freedom, and they seem to have stepped into the police. Social trends.
Chen Wenmin believes that Hong Kong courts still have enough room to interpret the Ordinance, and convictions require a higher threshold.
When asked about the consequences if the NPC Standing Committee intervenes in interpreting the law, Chen Wenmin said that interpreting criminal regulations is still the jurisdiction of the Hong Kong courts and must also comply with the Hong Kong Bill of Rights. If the National People’s Congress "holds hard", it will officially abolish many freedoms. The response will be even greater.
Tan Dezhi was arrested. Tang Jiahua said he continued to curse or reach the threshold of conviction. Chen Wenmin worried about the narrowing of freedom
Tan Dezhi Arrested | Can the reactivation of the ancient colonial law be guilty of inciting hatred of the government?
Scholar: The definition is too broad
"Quiebi" Tan Dezhishe was arrested for publishing seditious text: Propaganda content aroused hatred of the government
Police arrested when Tan Dezhi published seditious texts during the street station: speech caused hatred and contempt of the government
Tan Dezhi Hong Kong Edition National Security Law People's Force