Rule of law is the true basis of democracy
Updated: 2014-10-15 08:25
By Leung Kwok-leung(HK Edition)
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Huffington Post, the online US news site, recently reported that 40-year-old American Jeff Olsen was charged with 13 counts of vandalism by a Washington State federal judge. This was for writing anti-Bank of America (BoA) slogans on the sidewalk following the "Occupy Wall Street" movement last year. The judge issued a gagging-order in the case, ruling that the First Amendment of the US Constitution could not be used as a defense in that particular case. Olsen was eventually declared "not guilty" of all charges. But by appearing in court, he still had to face the consequences of his actions.
BoA received $45 billion in interest-free loans from the US federal government to remain solvent in the 2008-2009 fiscal year when its problems with bad debts deteriorated. Billions of dollars was clearly needlessly wasted. Huge amounts of money have also been lost in Hong Kong during the recent "Occupy Central" campaign protests. American financial management giant Merrill Lynch estimates that the first three days of "Occupy" resulted in economic losses to the value of HK$3.9 billion.
Now, after more than two weeks of the illegal protests, statistics suggest these losses have grown to over HK$30 billion due to the "Occupy" actions.
Irons Sze, president of the Chinese Manufacturers' Association of Hong Kong, last week said the organization was collating data regarding its members' losses during the "Occupy" protests. This is with a view to seeking ways to pursue compensation claims.
The Hong Kong Bar Association (HKBA) issued an official statement last Wednesday presenting its views on legal matters relating to "Occupy".
Its main points were: 1) protesters could be held to be in violation of the law, for occupying public spaces during an extended period; 2) in the spirit of civil disobedience participants are obliged to assume responsibilities for their actions; 3) civil disobedience cannot be used as a defense in court because it is a philosophical concept, not a legal argument.
The HKBA also states that discussions about the electoral system must be conducted within the framework of the Basic Law. This is an indisputable principle. The HKBA also discussed accusations that the government's insistence on explaining the constitutional basis for electoral reform was "playing protesting students and residents for fools" and was obsessed with "trivial legal details". The HKBA said this attitude was a blatant desecration of the spirit of rule of law and was dangerous.
During the French Revolution (1789-1799) the political group known as the Jacobin Club played a leading role in attempts to overthrow the monarchy and aristocratic elite. It also excelled in leading the fight against the coalition of European feudal landlords in defense of France. Its radical cause, unsurprisingly, became one of the most popular of the time. By demanding absolute freedom and democracy it was seeking to replace constitutional rule with anarchy. But it crossed the line by executing the leader of the moderates from within its ranks. Its ultra-radical policies seriously damaged the interests of all French social classes. The Jacobins were consequently overthrown by the masses when their leader, Maximilien de Robespierre, was beheaded by guillotine on July 28, 1794.
Britain and France have long been rivals and were once enemies. This is why the British colonial regime never taught Hongkongers the real story of the French Revolution. Maybe that offers excuses for Hong Kong residents, particularly the younger generation, who understand few of the lessons of the French Revolution. Nevertheless, the French Revolution and the American War of Independence are two periods of world history which hold important lessons for all political activists.
The Jacobin ascent to power and ultimate demise has long been regarded as offering important lessons for future revolutions. It is a case study in why perpetrators of revolution should not allow their movements to spiral into extreme radicalism to the detriment of a just cause.
Hong Kong is a capitalist society which regards the rule of law as a core value. In theory "Occupy" is a bona fide radical movement. It is designed to weaken the rule of law, which is the foundation of a society's democracy and freedom. Benny Tai Yiu-ting, widely considered the leading proponent of "Occupy", publicly admits he may be prosecuted for his actions. The charges could be serious - apparently he is aware of the unlawful nature of his actions. This is not a "minor crime". Members of the Hong Kong Federation of Students should remember this for their own sakes.
The author is a veteran journalist based in Hong Kong.
(HK Edition 10/15/2014 page1)