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Title: The human rights violations involved in the policing of demonstrations in Hong Kong
Authors: Hui, Man Nok (許珉諾)
Department: School of Law
Issue Date: 2014
Course: LW4667 City University of Hong Kong Law Review
Programme: Bachelor of Laws (LLB) with Honours
Instructor: Prof. Deva, Surya
Subjects: Human rights -- China -- Hong Kong
Police misconduct -- China -- Hong Kong.
Demonstrations -- China -- Hong Kong.
Citation: Hui, M. N. (2014). The human rights violations involved in the policing of demonstrations in Hong Kong (Outstanding Academic Papers by Students (OAPS)). Retrieved from City University of Hong Kong, CityU Institutional Repository.
Abstract: Recently, the number of demonstrations in Hong Kong has been increasing.1 The arrest of protestors, use of force and termination of demonstrations by the police are also on the rise.2 This raises concerns on whether the policing of demonstrations has illegally limited the freedoms of expression and assembly. These freedoms are fundamental human rights.3 Freedom of expression enhances transparency and accountability in society, while freedom of assembly provides a forum for residents to form, express and implement political opinions.4 Organising and participating in demonstrations are the common ways to exercise these freedoms. This essay examines the policing of demonstrations in Hong Kong, considers how they violate residents’ human rights in international standards and discusses whether such interferences can be legally justified. It will first analyse the relevant domestic and international human rights law. It looks into the relevant sources of law to analyse the extent of these rights and the legal requirements of any restrictions thereon. Second, this essay illustrates the ‘life’ of a Hong Kong demonstration. This section gives the general idea on how typical demonstrations are conducted in Hong Kong and how policing is involved. The third section analyse some common policing methods and their legality. The fourth section concerns the use of force on demonstrators. Finally, the author provides some recommendations to improve the current situation.
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