
HONG KONG, Oct. 30 -- Prominent Hong Kong lawyers have said the rioters' online activities are suspected cyber crimes, and authorities should strengthen law enforcement and crack down on such illegal activities to stop violence and chaos.
Ma Yan-kwok, barrister and chairman of the Hong Kong Legal Exchange Foundation, said recent online behaviors have already crossed the bottom line of freedom of speech and are suspected of such crimes as sedition.
He was referring to online activities such as inciting and organizing illegal gatherings and violent demonstrations, teaching others to make bombs, instigating them to slash police officers in the neck, spreading rumors and intensifying social contradictions.
Under such Hong Kong laws as the Criminal Procedure Ordinance, inciting others to participate in or initiate an illegal act is suspected of an offense of sedition, Ma said, adding that the leaders of the 2014 illegal "Occupy Central" movement have been found guilty of incitement to commit public nuisances.
He said the use of the Internet to instigate violent assaults is even more serious.
Inciting riots carries a maximum sentence of 10 years in prison while inciting others to murder, such as teaching or instigating others to cut the neck of a police officer, carries a maximum sentence of life in prison, Ma added.
Speaking of doxxing citizens and police officers, Ma said such acts seriously violate personal privacy and the Basic Law of Hong Kong and the Personal Data (Privacy) Ordinance.
Victims can apply to the court for an injunction and pursue civil claims, and the defendants convicted of illegal personal data disclosure would be obliged to make compensation, the barrister suggested.
Refuting the rhetoric that defends the online crimes with freedom of speech, Leung Mei-fun, a member of the Legislative Council of Hong Kong Special Administrative Region (HKSAR), said freedom of speech is never unconditional and should always be under legal constraints.
According to Leung, as stipulated in the international conventions on human rights, freedom of expression should be properly restricted for the protection of national security, public order, or public health or morals.
Relevant civil laws also stipulate that freedom of speech and expression cannot infringe upon the rights and reputation of others, otherwise it can be punished with a heavy penalty, she added.
Leung pointed out that under the existing criminal laws of Hong Kong, even if no action is taken, one can still be criminally liable if they merely incite others to commit a criminal offense through speech.
"Cyberspace should also be subject to legal regulation. The premise of a free market is that everyone abides by the law," she said.
Leung, who was referring to certain recent law-violating online contents that incite crimes or teach how to make bombs, noted that Hong Kong has enough legal basis for punishment.
She mentioned similar cases in common law jurisdictions that offer examples to follow. For instance, U.S. websites would be shut down if they spread hate speech against the United States. Also this month, a Spanish judge ordered the closure of a website suspected to have organized street demonstrations by such ways as social media and encrypted applications.
Ma said the major problem in Hong Kong is that law enforcement is too weak to deter crimes, where legal procedures are lengthy and uncertain, and behind-screen suspects are usually left unidentified.
Chan Man-ki, founding president of the Small and Medium Law Firms Association of Hong Kong, believed that some existing laws of Hong Kong could help stop violence and restore social order.
She cited sections 9 and 10 of the Crimes Ordinance, which forbid anyone from seditious intention or behaviors, as a handy tool for bringing back the rule of law.
Leung also said cross-department collaboration within the HKSAR government is necessary to contain irregularities in both domestic and overseas cyberspace. "Authorities should be held accountable for inaction," she said.
Wong Ying-ho, solicitor and convener of community group Safeguard Hong Kong, called for further legal improvement such as introducing legislation against fake news like Singapore, where an anti-fake news law went into effect earlier this month to curb online falsehood.
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