Human Rights Don't Apply During Riots: Junius Ho

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2020-11-19 HKT 18:26

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  • Junius Ho says the High Court's decision is wrong and the judiciary should instead think about setting up an independent body to investigate complaints against judges. Photo: RTHK

    Junius Ho says the High Court's decision is wrong and the judiciary should instead think about setting up an independent body to investigate complaints against judges. Photo: RTHK

Pro-government lawmaker Junius Ho said on Thursday that the High Court was wrong to find that the police have breached the Bill of Rights on torture and cruel treatment by failing to display their ID numbers during Hong Kong's protests, saying human rights don't always apply during dangerous situations.

The court has ruled that rights protected by Article 3 of the Bill of Rights are "absolute and non-derogable" even at times of public emergencies, and that officers should display their unique ID numbers to allow victims of police abuse or eyewitnesses to identify those responsible.

But Ho said the judge's decision is not right and sets a bad precedent.

"Human rights is not just human rights in absolute terms. Human rights have to be exercised with a reasonable-thinking person. When in a situation which is of dire consequences, extreme dangerous with full peril, we don't go through this sort of thing," he said.

Citing bank robbers as an example, Ho said it would be ridiculous if they also decided to exercise their human rights by asking officers to show their ID numbers before allowing the police to open fire on them.

He also said it is stupid to discuss civilised behaviour and the rule of law with people who are determined to break the law.

Ho also appeared to reject the High Court's ruling that the system for dealing with complaints against police officers is inadequate and also contrary to the Bill of Rights.

He noted that the Independent Police Complaints Council is a statutory body, saying it is made up of people from various sectors of society, most being professionals or local dignitaries.

"I have no cause to believe the work discharged is ... unsatisfactory. There is no evidence whatsoever to suggest so," he said.

He said the Complaints Against Police Office may be a division under the force, but the extra level provided by the IPCC already reduces any risk of unfairness.

The legislator said the judiciary should take its own words seriously and set up an outside body to handle complaints against judges.

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