叱吒風雲的駱應淦大狀，型到一個點。
"Very often, these young people are inflicted with serious injuries in the process of arrest and thereafter. It would be hard to find any decent, sensible and law-abiding individual who champions these young people simply because they support criminal acts and the flouting of the law. But many, including large sections of the local public and numerous members of the international community, do sympathize with our young people who are prepared to forgo their own liberty, security and even their lives to give voice to a cause supported by many to change the injustices of the current establishment, which point-blank refuses to listen and to give way."
Here is what the brightest legal mind in HK has said, in full:
Having practised criminal law in Hong Kong for 40 years, and defended individuals for a full array of crimes, ranging from the most heinous crimes of violence to massive commercial frauds, I could lavishly chronicle the trials and tribulations of being a criminal barrister. I can say that the challenges in the criminal Bar are often rewarded with the sense of triumph in seeing justice achieved when, more often than not, conviction is returned on good evidence or when the liberty of an accused is secured because the evidence is not up to the mark. In either event there is an adherence to a standard, a procedure, which people can trust, and do trust. This is an important facet of our treasured Rule of Law.
Experience at the criminal Bar carries with it the burden of a delicate sensitivity to any ruffling of law and order. The current conflicts in our society are therefore a particular cause of pain, conflicts which see many young people, including many juveniles still in secondary schools, finding themselves on the wrong side of the law, having committed acts of road obstruction, serious vandalism, sometimes even physical assault causing others harm. Very often, these young people are inflicted with serious injuries in the process of arrest and thereafter. It would be hard to find any decent, sensible and law-abiding individual who champions these young people simply because they support criminal acts and the flouting of the law. But many, including large sections of the local public and numerous members of the international community, do sympathize with our young people who are prepared to forgo their own liberty, security and even their lives to give voice to a cause supported by many to change the injustices of the current establishment, which point-blank refuses to listen and to give way. It is worth remembering that the government’s ill-advised attempts to pass the much deplored extradition bill was halted only, and perversely, after many young people forcibly blocked entry into the Legislative Council due to pass the bill and engaged in violent clashes with the police. The recalcitrant stance of those who govern plays a large part in sowing the seeds of violence.
There is no doubt that violence cannot and must not be condoned, and no decent, sensible and law abiding person that I know condones the vandalism and violence which has been perpetrated by those involved in the protests. Mere condemnation, however, goes no way to help. It does not deal with the root of the problem, which lies in large part with those in government.
The problem, unfortunately, includes the police force, which executes the increasingly repressive policy of the government, and more. Since June, release of teargas by police has become order of the day; it is not difficult to find footages of police nakedly beating up a protester who has been hunted down, or freely dispensing peppar spray at close range at protesters, journalists and even a legislator. Complaints of beatings inside police stations after arrests are commonplace and reported by barristers who made legal visits. Yet, day and day out, one hears only official denial of abuse and wrongdoing (or excuses for inaction, as in the case of the 21 July incident in Yuen Long West Rail station). Shooting of an 18-year-old on 1 October was justified by the Commissioner of Police as “lawful” and “reasonable” just hours after the incident, even though basic international principles demand full inquiry and report. None of the law-breakers in uniform is being brought to account. Indeed, they cannot even be identified because they eschew any identification as required by the police’s own rules and guidelines. Arbitrary arrests abound. Ordinary citizens have been arrested for shouting abuse at the police.
No one underestimates the difficulty of the job of police in circumstances such as these, but neither reason nor restraint is being shown. The standard and procedure that we have taken pride in and taken for granted for so long, seem to have vanished. The professionalism of the police force is also severely questioned.
In such climate the Bar Association, of which I am a Council member, has in my view rightly identified the relevant legal issues and spoken out about them. It is not shameful to hold those armed with power, public authority and weaponry to account. Nor it is blind-sightedness to point out that the problem is an intractable executive. These are what the Bar Association should do in defending the Rule of Law.
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