By Jerome A. Cohen
As Hong Kong police broaden their attacks upon democratic organizations, they have notified a number of civic leaders to appear in court for “inciting” others to take part in unauthorized assemblies on June 4th. Ten are members of the Hong Kong Alliance.
The situation for targeted Hong Kong civic groups is likely to soon become even worse, reaching all in the SAR who are deemed to “support” any such organizations if banned in Hong Kong or, if the organization is not yet banned in Hong Kong, if it is regarded as having “supported” any organizations banned on the Mainland.
As I noted in an earlier blog, this is not some far-fetched law teacher’s nightmare but the enthusiastic elucidation of the former Hong Kong Director of Public Prosecutions, the formidable Grenville Cross. His recent article in the SCMP, a slight redo of the one he posted in CGTN, gives invaluable, detailed insight into how Hong Kong’s Director of Public Prosecutions may apply the new legislation after investigations by the newly-established offices of the PRC Ministry of Public Security and Ministry of State Security and their local police subordinates.
Cross points out that anyone in Hong Kong who is deemed to “support” a banned organization may be snared as a criminal. In the CGTN essay he includes as possible criminal activity “support” for a HK organization that is somehow affiliated with a banned Mainland organization. Yet how are Mainland organizations banned? For what reasons? By what procedures, with what evidence and by whom? And how are these questions to be dealt with in Hong Kong? And what will be deemed sufficient “support”? Attending a meeting? A protest march convened by the organization? Payment of annual dues? And what about the contacts of Hong Kongers with foreign organizations? Hong Kong is now indeed the victim of a “political virus” that will cause a permanent lockdown!