Published: 01:37, November 3, 2020 | Updated: 12:43, June 5, 2023
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‘Democratic color’ doesn’t shield one from legal liability
By Staff writer

Hong Kong police have arrested eight incumbent and former members of the Legislative Council since Sunday on charges of misconduct in violation of the Legislative Council (Powers and Privileges) Ordinance in a LegCo session on May 8. All of them are opposition politicians who played prominent roles in the year-long anti-extradition law amendment bill movement that turned violent in June last year, causing at least two deaths and tremendous economic losses besides weakening Hong Kong’s rule of law and seriously dividing local society. The police move was taken according to existing law and aimed at strengthening the rule of law, which is why it has been applauded by the public.

As always, the opposition camp defended those unruly politicians with all kinds of excuses, such as citing certain provisions in the Legislative Council (Powers and Privileges) Ordinance, but they can never prove their innocence by misinterpreting the law. There is no question the said law protects lawmakers’ freedom of speech inside the LegCo assembly hall and rooms even if it is controversial in public, but it does not allow illegal behavior such as what those eight did on May 8, especially violence and obstruction of the normal operations of LegCo and its staff’s duty. They violated not only the Legislative Council (Powers and Privileges) Ordinance but also the LegCo Rules of Procedure and did it on live television, making it impossible to deny in a court of law.

The opposition camp and its supporters have routinely accused the special administrative region government and police of “political persecution” whenever their members were arrested for criminal offenses. They also had no qualms about disparaging a law as “obsolete” whenever any of their members violated that law. And they made no exception this time. This has hardly surprised many. For they believe, they are above the law because they are shielded and protected by a “democratic color”. They champion various kinds of universal values except equality

before the law.

The arrest of those current and former LegCo members is also undoubtedly justified and necessary to destroy any notion suggesting that “freedom” or “democracy” somehow puts one above the law. And being a legislator definitely does not put one above the law, either, no matter where offenses are committed.