Observer: Hong Kong’s judicial system should not provide amnesty for lawbreakers
By Yang Yang and Ryan Yaoran Yu
People's Daily app
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The flag incident in which several black-clad protesters removed the national flag from a flagpole in the city's popular tourist spot Tsim Sha Tsui and threw it into the sea earlier this month has angered people both in and out of Hong Kong.

However, the punishment for the suspects was too lenient to cool off the public anger. Of the five suspects arrested, one was granted an unconditional release while the rest were granted bail last week, raising concerns of the fairness of Hong Kong's judicial system.

In the past few months, the Basic Law and the Constitution have been seriously violated and challenged in Hong Kong, and the city and its residents have paid a heavy price for the chaos. Front-line officers have put great effort and borne huge pressure in maintaining law and order. Yet these lawbreakers are not getting the punishment they deserve.

This inconsistency creates a bizarre phenomenon in Hong Kong that the police are trying to hold lawbreakers to account while the courts let them go unpunished.

Based on the principle of judicial independence and impartiality, judges in Hong Kong, Chinese and foreign alike, are required to rule in accordance with law and should avoid commenting on political or other controversial issues.

Unfortunately, the reality is, over the years, judges in Hong Kong have often expressed their views on political or legal issues, not only through the media, but through the court rulings they deliver.

In early August, a 23-year-old man was arrested for possessing a large amount of extremely powerful explosives from a home-made lab in Tsuen Wan, which was billed as the largest-ever bomb plot in Hong Kong. Rioting and possession of explosive substances are both extremely serious crimes with a sentence of up to 14 years. But the man involved in the case was released on bail.

Late last month, 44 protesters formally charged with rioting in Hong Kong were released on bail or given a midnight curfew.

Such inconsistency not only hurts the reputation of the police but also the credibility of the judicial system, and worst of all, undermines the rule of law, a core value of Hong Kong.

Law enforcement and judicial fairness are vital to stop violence and restore social order in any society. If the wrongdoers are let off the hook, especially the leading culprits, it could encourage more crime, and the rule of law in Hong Kong will only be challenged again.