The sentences imposed on eight ringleaders of the illegal "Occupy Central" movement are definitely not harsh but confirmed the importance of the rule of law in Hong Kong, says former commissioner of police Andy Tsang Wai-hung.

The maximum sentence a district court can deliver is seven years in prison.

Asked if the government should appeal, Tsang told China Daily that the Department of Justice should decide. As to those convicted, he said it is basically impossible for them to appeal their sentences. If they do, they may invite heavier ones.

Tsang was police commissioner from 2011 to 2015 and oversaw police tactics against the "Occupy" protests. He said their convictions vindicated the importance of the rule of law and justice in Hong Kong society and actions of the police - although the guilty verdict came rather late.

He explained that in the interest of fairness, people should look at the convictions and sentences from four angles: erosion of rule of law; the impact on law and order; threats to public safety; and the spread of ideas which defy the law.

"The illegal occupation had a rather serious impact on these four areas," he noted. "No one should put politics above the law. So it was absurd for them to say they violated the law to achieve justice."

Asked to comment on whether the sentences were severe, lenient or appropriate, the former police chief said: "I could only say the sentences are definitely not heavy, despite the judge noting they showed no remorse. People will assess whether the sentences are proportionate to the actions of those convicted and whether they provide an effective deterrent."

"It is a vindication and justice done at last for society at large and the police. But there is a question mark as to whether this is a perfect solution," he added.

Asked if there should be a second round of prosecutions, Tsang said a lot of people were involved and more than nine had surrendered themselves to police.

The Department of Justice should be accountable to the public if there is a second round of prosecutions. It must give the reasons if it decides against a second round, he added.

Tsang also rebutted arguments made by former governor Chris Patten, who said "public nuisance" was an anachronistic offense.

"The fact that this offense is old and was not used before does not mean it is invalid.

"It was not used before because such large-scale illegal protests have not happened before. What (Patten) said was illogical, it was like suggesting that if a person commits treason, he cannot be prosecuted because this had not happened before."

joseph@chinadailyhk.com

(HK Edition 04/25/2019 page4)