'Ignoring The Public Will Harm The Rule Of Law'

The Hong Kong Bar Association (HKBA) on Friday called on the government to respond in a sincere manner to the demands raised by the community over the extradition bill crisis, warning that "a refusal to engage with the public over important and pressing issues is inimical to the rule of law".

The association said in a statement that nobody needs a reminder from the barristers' group of the importance of maintaining law and order, and the storming of the Legislative Council on July 1 saw a variety of criminal offences being committed.

But the HKBA went on to say that apart from complying with the law, there are other equally important and indispensable components of the rule of law, such as "respect for human rights and civil liberties, an open and accountable executive, effective checks and balances under the doctrine of separation of powers, and an independent judiciary."

"Each sector of our community, especially the government as the embodiment of public authority, has a responsibility to uphold these fundamental values and the institutions that embody them which make the HKSAR unique."

The statement said the government must now communicate openly with society at large, including those who took part in the recent extradition bill protests.

The HKBA also reiterated its call for the government to set up an independent inquiry into clashes between protesters and the police in Admiralty on June 12, with the force accused of brutality for using tear gas, rubber bullets and beanbag rounds to disperse demonstrators.

A study into the events of that day announced by the Independent Police Complaints Council (IPCC) will not be sufficient, the association added, because it lacks the powers required to look into not only what happened but why events happened.

"The IPCC also lacks the powers, conferred upon a statutory inquiry, to require the production of documents and to require witnesses to attend hearings. There is also inadequate protection to witnesses giving information to the IPCC which may be passed onto the police, unlike in a statutory inquiry where a witness enjoys immunity from suit."

The HKBA said a statutory inquiry would "go some way towards healing the rifts in our community".