Since its enactment by the National People’s Congress a year ago, the National Security Law for Hong Kong has restored the city’s stability and enabled people to resume their normal lives. It crucially provided the Hong Kong Police Force with the tools it needed to combat the anti-China forces who tried to destroy the “one country, two systems” policy. Although the police force did incredible work in protecting the city, it initially had to do this with one arm tied behind its back, but no longer.
On Friday, Raymond Siu Chak-yee was appointed the eighth commissioner of police since 1997, replacing Chris Tang Ping-keung, who became secretary for security. Although Tang will be a hard act to follow, nobody should underestimate his successor, who has wide experience in different areas of policing, and whose deliberative qualities are underpinned by a quiet resolve. Indeed, it should not be forgotten that, at the time Tang was appointed commissioner, Siu was also made deputy commissioner (operations). This meant he was at Tang’s side when key decisions were taken, and was responsible for their successful implementation. In some ways, therefore, Siu is something of a “continuity commissioner”, and he will be no less robust than Tang in defending Hong Kong.
The situation, however, that Siu faces is a far cry from that which confronted Tang when he assumed office on Nov 19, 2019. The insurrection was then at its height, with the protest movement and its armed wing wreaking outrages on an almost daily basis. Police morale was suffering, and everything the force did was condemned by hostile legislators and sections of the media, keen to weaken its capacity to maintain law and order.
Within weeks, however, Tang skillfully turned things round. Through sheer force of personality, coupled with grit and no-nonsense tactics, he not only inspired the force, but got the very best out of his frontline personnel. Many officers, of course, were in great peril at that time, facing not only incessant petrol bombings and associated violence, but also attacks on their families and homes. Although Tang boosted morale, by making best use of existing laws, devising fresh strategies, and explaining the force’s case to all and sundry, the police still lacked the tailor-made legislation they required to successfully combat the subversive activities that were then rampant.
This, however, all changed on June 30, 2020, and, equipped with laws to tackle subversion, secession, terrorism and foreign interference, the police are now fully on top of the situation. Whereas some of the insurrectionists fled abroad or tried to emigrate, many of those who remained had the good sense to disband their operations or even turn over a new leaf. Some, however, have simply gone to ground, and, as Siu will know, they remain a danger, and could mobilize again at any time. Indeed, once the SAR government formulates the national security proposals still required of it by the Basic Law (Art.23), their foreign backers could again give them the nod, and the force cannot let its guard down.
Although the National Security Law is not retroactive, the police force has been involved in investigating a series of cases arising after its enactment. As of June 23, there had been 110 arrests and 64 prosecutions, with some of the 12 cases requiring considerable investigation. Although these figures are certainly not great, they do at least show that the force cannot be complacent, and that, if “one country, two systems” is to survive, it must remain vigilant.
National security apart, Siu will also have to oversee the outstanding cases arising out of the insurrection. As of April, the force had arrested a total of 10,260 suspects, of whom approximately a quarter, or 2,608, have faced prosecution, with 750 being charged with rioting. These cases could, like those of “Occupy Central” in 2014, drag on for some time, which Siu will not welcome, given manpower shortages. He will, however, realize better than anybody that individuals involved in the insurrection must, evidence permitting, be held fully to account, no matter how long it may take. In this, he will need to be supported by the Department of Justice, which must appreciate that the non-prosecution of those involved in the worst of the turmoil is not a serious option, even if the suspect is youthful, impressionable, or has faced delayed proceedings.
Upon appointment, Siu flagged up his immediate concerns, emphasizing community engagement. He explained how unhappy he was over the way in which malign agents had poisoned police relations with the public, a deliberate tactic on their part. He made clear his abhorrence of “fake news”, and condemned those “despicable” individuals who invented stories, such as non-existent deaths at Prince Edward Station or imaginary torture at the San Uk Ling detention center, in order to blacken the force. With Tang’s help, the force will hopefully soon have the tools it needs to combat those who make false allegations, intended to undermine the righteous and promote lawlessness.
Siu obviously recognizes that good police relations with the public benefit everybody, including the force. He has previously participated in the force’s promotional activities, and he hopes that, through its professionalism, “the people can understand the Hong Kong Police Force cares for society”. If trust exists, it also helps recruitment, which has been problematic in recent times. It is, however, not just a question of filling the vacancies, but of attracting people of the right caliber. In this regard, Siu will need to seek the early implementation of the latest salary review for the disciplined services, which recommends that a police constable’s starting pay should be HK$26,190 ($3,370), rising to HK$38,365, while that of a sergeant should be HK$38,365, rising to HK$55,080.
Although the force has an establishment of 33,000, there are about 5,000 vacancies. In the last financial year, it reportedly met only about 40 percent of its hiring target of 1,845 recruits, with only 754 applicants being successful, as compared to 874 the previous year. With the insurrection now over and the national security laws in place, the force can undoubtedly be choosy, but manpower shortages always place strain on the existing officers. As a short-term expedient, some retired officers are being allowed to extend their service until aged 60, but a full complement must remain the objective. After all, the force must be fully prepared for whatever challenges that may emerge, some of which may be totally unexpected.
During the insurrection, some Western governments eagerly bought into the smear campaign which the protest movement mounted against the police force. In consequence, their law enforcement agencies were instructed to scale back levels of cooperation with Hong Kong, which left the criminal fraternity in raptures. It will, therefore, be necessary for Siu to see what can be done to repair the damage to law enforcement, and check if any of those places have yet seen the light. But, whether they have or not, there will be many jurisdictions who are not preoccupied with playing silly political games. Every effort, therefore, should be made, by both Siu and Tang, to build upon, or forge, the necessary ties with those agencies that want to uphold criminal justice and make the world a safer place.
Although Siu faces big challenges, he has the inner strengths necessary to see him through. By bringing his own distinctive qualities to bear, he can build on Tang’s achievements, while also diversifying. All the signs are that he thinks for himself, and knows what he wants to achieve. Being the police commissioner is never easy, but, in Siu, the force has a highly experienced officer who can be trusted to do his best for Hong Kong.
The author is a senior counsel, law professor and criminal justice analyst, and was previously the director of public prosecutions of the Hong Kong SAR.
The views do not necessarily reflect those of China Daily.