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Chief Executive John Lee Ka-chiu has said any activities related to June 4 must obey the law. Photo: SCMP / Jelly Tse
Opinion
Editorial
by SCMP Editorial
Editorial
by SCMP Editorial

Greater clarity needed on how to legally mark the June 4 anniversary

  • The day has deep meaning for many in Hong Kong. It should be possible for people to mark it peacefully, safe in the knowledge that they are acting within the law

The anniversary of the Tiananmen crackdown, 34 years ago on Sunday, carries special significance for many Hong Kong people. For almost 30 years, it was marked by a mass candlelit vigil attended by tens of thousands in Victoria Park. The event remembered those who died when the student-led protests were crushed on June 4, 1989.

The vigil, peaceful and moving, was seen around the world as compelling evidence of Hong Kong’s enduring freedoms after the city’s return to China in 1997. But it has not been held for four years.

Public health reasons were cited for bans in 2020 and 2021, during the pandemic. Last year, no one attempted to organise the event, amid fears it may breach the national security law or cross other legal red lines.

This year, no application has been made. The event was run by the Hong Kong Alliance in Support of Patriotic Democratic Movements in China, which disbanded in 2021. Three of its leaders are awaiting trial, accused of inciting subversion.

Pro-Beijing groups holding a carnival at Victoria Park football pitch, the venue where the June 4th vigil in Causeway Bay has usually been held. Photo: SCMP/ Yik Yeung-man

One of the objectives of the alliance was ending one-party rule in China. That, since the passing of the security law in 2020, carries legal risks and also conflicts with China’s constitution. Certain slogans would also be problematic.

But it should not be assumed that all who attended the vigil or wish to mark the anniversary support that position. Many simply wish to mourn the loss of those young lives.

Precisely what is permitted and what is not remains unclear. Chief Executive John Lee Ka-chiu has said everyone must act in accordance with the law. Officials cannot say with certainty whether a particular act is legal or illegal, as this is for the courts to decide when applying and interpreting laws. It might depend on many factors. But greater clarity is needed, at least so far as general principles are concerned.

The day has deep meaning for many in Hong Kong. It should be possible for people to mark it peacefully, safe in the knowledge that they are acting within the law.

Hong Kong security chief warns troublemakers ahead of June 4 anniversary

It is to be hoped that authorities in the city and Beijing understand the sentiment and differentiate between those just wishing to mourn the students and others advocating the downfall of the Chinese Communist Party.

Public health concerns provided a convenient reason for the vigil to be banned during the pandemic. Now social-distancing rules have been removed, the extent to which the anniversary is commemorated will be closely watched.

There is a need for people to be able to better understand what room exists, under the “one country, two systems” concept and the national security law, for commemorative activities. This applies both to the iconic vigil and to individuals wishing to mark June 4 in their own way.

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