Hong Kong Protests: Civil Disobedience Or Criminal Activity?

The 2019-2020 Hong Kong protests were a series of demonstrations against the Hong Kong government's introduction of a bill to amend the Fugitive Offenders Ordinance in regard to extradition. The protests began with a sit-in at the government headquarters on 15 March 2019 and a demonstration attended by hundreds of thousands on 9 June 2019. The protests were largely peaceful, but there were some instances of violence and lawbreaking.

The question of whether the protesters were breaking the law is complex and depends on how one defines breaking the law. While the protesters clearly broke the law by not complying with the Public Order Ordinance and by occupying areas covered by court orders, their actions could also be characterised as peaceful civil disobedience in pursuit of a higher ideal.

Some commentators have argued that the protesters were not undermining the rule of law, especially when compared to the actions of the government and police, who have been accused of using excessive force and making arbitrary arrests. The imposition of a national security law in 2020 has resulted in an exodus of tens of thousands of Hong Kong's residents and the erosion of legal standards, with many corporations transferring their assets elsewhere.

The use of tear gas and rubber bullets by the police

During the protests, the Hong Kong police fired tear gas and rubber bullets at protesters on multiple occasions, resulting in injuries and accusations of police brutality. In one instance, police fired tear gas and rubber bullets at protesters who had defaced the Liaison Office of the central government with black paint and eggs, which the Hong Kong and central governments condemned as a direct challenge to national sovereignty. On another occasion, police fired tear gas and rubber bullets during a protest near the Liaison Office, with protesters throwing bricks and other objects at officers.

The use of tear gas and rubber bullets by the Hong Kong police has been widely criticised by protesters and human rights organisations. Amnesty International claimed that the police aimed horizontally and targeted protesters' heads and torsos, which is contrary to international safety guidelines. There have also been reports of police firing tear gas indoors and from high-rise buildings, as well as using expired tear gas, which can release toxic gases upon combustion. These actions have sparked public health concerns, with a reporter being diagnosed with chloracne, possibly due to exposure to tear gas.

In addition to the use of tear gas and rubber bullets, the Hong Kong police have been accused of other forms of excessive force and misconduct during the protests. This includes the use of bean bag rounds and sponge grenades, which have allegedly caused eye injuries and even blindness in some cases. There have also been allegations of police obstructing first-aid services and interfering with the work of medical personnel, as well as using excessive force on subdued arrestees, including kicking, beating, and stomping on protesters. The police have also been accused of spreading a climate of fear by conducting hospital arrests, attacking protesters while undercover, and arbitrarily arresting people, including minors and pregnant women.

The actions of the Hong Kong police during the protests have had a significant impact on their public image and accountability. Surveys conducted during the protests revealed a sharp drop in satisfaction and trust in the police force, with more than 50% of respondents deeply dissatisfied with their performance. There have also been reports of low morale and fatigue among police officers, as well as difficulties in recruiting new officers due to the public backlash against the police.

Overall, the use of tear gas and rubber bullets by the Hong Kong police during the protests has been a highly controversial issue, with accusations of excessive force and violations of international safety guidelines. These actions have had a detrimental effect on the public perception of the police and have contributed to the ongoing tensions and clashes between protesters and law enforcement.

The police's treatment of protesters

The treatment of protesters by the Hong Kong Police Force has been a highly controversial topic during the 2019-2020 protests. The police have been accused of using excessive force, targeting unspecific targets, and making arrests without warrants. The police's conduct has caused mixed reactions both within Hong Kong and in the international community.

The police's use of force has been described as "torture and cruel or inhumane treatment" and has been said to violate UN rules that Hong Kong agreed to. The police have fired tear gas, projectiles, pepper balls, and rubber bullets at protesters and journalists. They have also used water cannons laced with blue dye and other skin irritants, as well as batons, mass arrests, and other common riot control tactics. The police have been accused of using sexual violence and sexually assaulting protesters, particularly women. The police have also been accused of mistreating detainees, including denying them access to lawyers and mistreating them during arrests.

The police's conduct has led to a decrease in public support and an increase in public anger. The approval rating of the police force dropped drastically during the protests, and there have been calls for an independent inquiry into the police's actions. The Independent Police Complaints Council (IPCC) has launched investigations into the police's conduct, but it has been criticised for lacking independence and power. The Hong Kong government and police unions have resisted calls for an independent inquiry, with police commissioner Chris Tang calling it an "injustice" and a "tool for inciting hatred".

The police have also been accused of interfering with freedom of the press and assaulting journalists. Journalists have been assaulted, deliberately jostled, beaten, pepper-sprayed, and obstructed from reporting. The police have also interfered with the work of medical professionals, preventing them from treating wounded protesters.

Overall, the police's treatment of protesters during the 2019-2020 Hong Kong protests has been highly controversial and has led to widespread condemnation and calls for an independent inquiry.

The police's treatment of journalists

The police treatment of journalists during the 2019-2020 Hong Kong protests has been a cause for concern. Journalists covering the protests have been subjected to violence and obstruction by the police, leading to accusations of suppression of press freedom.

During the protests, there were numerous reports of journalists being obstructed, harassed, searched, and insulted by the police. There were also reports of female journalists being sexually harassed and assaulted by police officers. In one instance, an officer grabbed the camera of a video journalist and tried to rip off his gas mask. In another incident, a freelance photographer, May James, was arrested and detained overnight, despite wearing press credentials and a high-visibility vest.

The use of strobe lights by the police to shine at journalists during arrests has also been a point of contention. Journalists have protested against this practice, arguing that it is done to prevent them from seeing and recording the actions of the police. In response, the police have defended their use of strobe lights, claiming that it is done to protect the identity of the officers involved.

The police have also been accused of using excessive force against journalists. There have been reports of journalists being beaten with batons, shot with rubber bullets, and subjected to tear gas and pepper spray. In one incident, an Indonesian journalist, Veby Mega Indah, was shot in the face with a rubber bullet, resulting in permanent loss of sight in one eye.

The treatment of journalists by the police during the Hong Kong protests has led to widespread condemnation and protests by media organizations and press freedom advocates. Journalists have staged walkouts and collective protests, such as wearing helmets and gas masks during press conferences, to draw attention to the issue.

The situation took a turn for the worse when Hong Kong imposed a national security law in 2020, which further restricted press freedom. The law granted the authorities more power to target journalists and led to the arrest and prosecution of several journalists. The imposition of the national security law caused a massive exodus of journalists and media organizations from Hong Kong, as they feared for their safety and freedom.

The treatment of journalists by the Hong Kong police during the 2019-2020 protests and the subsequent period has been widely criticized and seen as a deterioration of media freedoms in the region.

The police's lack of accountability

The lack of accountability for police violence during the 2019-2020 Hong Kong protests has been a significant issue, with many calling for an independent investigation into police conduct. Amnesty International, for example, has stated that an independent inquiry is "essential to preventing unrest from reigniting in the city and rebuilding public trust".

The Hong Kong government has resisted establishing a separate investigatory body, instead claiming that the existing Independent Police Complaints Council (IPCC) is adequate for dealing with allegations of police violence and misconduct. However, the IPCC has been criticised for lacking the necessary investigative powers and independence to effectively carry out this role. In December 2019, an expert panel appointed by the Hong Kong government to advise the IPCC resigned, stating that the IPCC lacked the "powers, capacity and independent investigative capability necessary" to fulfil its role as a police watchdog.

The police's handling of the protests has led to a breakdown of trust between citizens and the police force. There have been numerous allegations of police brutality, including the use of excessive force, sexual violence, and torture of detainees. The police have also been accused of obstructing first aid services and interfering with the work of medical personnel.

The lack of accountability for police actions has sparked fears that officers are immune to legal consequences for their misconduct. As of December 2019, no officers had been suspended, charged, or prosecuted for their actions during the protests. This has contributed to a perception of impunity within the police force, with police commanders reportedly ignoring wrongdoing and unlawful behaviour by frontline officers.

The issue of police accountability has been a key demand of the Hong Kong public, who have consistently called for an independent commission of inquiry to investigate police conduct during the protests. The United Nations High Commissioner for Human Rights has also called for an "effective, prompt, independent and impartial investigation" into the police's use of force. However, these calls have been rejected by the Hong Kong government and police commissioners, who have defended the existing complaint mechanisms.

The lack of police accountability has had a significant impact on public trust and perceptions of the police force. A survey conducted by the Chinese University of Hong Kong in October 2019 revealed that more than 50% of respondents were deeply dissatisfied with the police's performance. The reputation of the police force has suffered, with their aggressive tactics and behaviours causing them to become a symbol of hostility and suppression in the eyes of many citizens.

The role of the Chinese government

In 2019, the Hong Kong government proposed legal revisions to the Fugitive Offenders Ordinance, which would allow criminal suspects to be extradited to mainland China. This proposal sparked widespread protests, as many feared that it would erode the "one country, two systems" principle and result in the loss of Hong Kong's autonomy. The Chinese government backed the Hong Kong authorities' decision to impose a sweeping national security law in 2020, following the massive pro-democracy protests in 2019. This law has been criticised by many as a tool to suppress political dissent and silence critics.

The Chinese government has also been accused of spreading disinformation and using state-owned media to condemn the protesters and portray them as separatists and rioters. Additionally, they have threatened and imposed sanctions on non-governmental organisations and pro-democracy activists, both in Hong Kong and abroad. The Chinese government's actions have led to a wave of mass emigration from Hong Kong, as many fear for their safety and freedom.

Furthermore, the Chinese government has been accused of detaining and harassing activists, students, and their families who have voiced support for the pro-democracy protests or shared information on social media. They have also been criticised for interfering with press freedom and targeting journalists covering the protests.

The actions of the Chinese government have had a significant impact on the relationship between Hong Kong and other countries, particularly Western nations. Many countries have issued travel warnings for Hong Kong and some have suspended their extradition treaties with the city. The handling of the protests by both the Hong Kong and Chinese governments has led to increased international scrutiny and condemnation, with many calling for the protection of human rights and freedoms in Hong Kong.

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