In his article entitled "Rule of Law and Human Favor – Reflections on Assisting Arrested Citizens to Apply for a Home Return Permit" for Hong Kong 01, Hong Kong New Direction Legislative Council Member Cheung Hin Yu, who successfully assisted a number of arrested persons arrested in opposing the extradition bill to apply for a Home Return Permit, admitted that he did not agree with the market's proposal of "unified demarcation and lenient treatment" for arrested cases that had not yet been notified whether they would be prosecuted, and believed that manpower resources should be increased and the processing progress should be made, largely on the premise of ensuring that each case is independently considered, prudently and fully considered based on evidence.


He also pointed out that as Hong Kong enters the fifth year after the turmoil over the amendment of the extradition bill, he hopes that the society can rebuild the trust between people, let go of anger and suspicion, and truly get rid of the various sequelae of the turmoil.


Zhang Xinyu hopes that society can rebuild trust between people (profile photo/photo by Feng Zijian)

In his article, he stressed that during periods of social unrest, the vast majority of arrests involve serious violations of the law or even violent incidents, and the police prudently handle and investigate each case, and the Department of Justice independently makes the decision to prosecute or stop prosecution after fully considering the facts proved by admissible evidence in accordance with the law.

Zhang Xinyu|Rule of Law and Human Favor: Thoughts on Assisting Arrested Citizens to Apply for Homecoming Permits

Zhang Xinyu stressed that the seriousness and integrity of the judicial process cannot be compromised. However, whether it is the governance system or the public, how to treat citizens who have been arrested or even convicted is also an important issue that the society still needs to strive to reach a consensus four years after the turmoil over the amendment of the legislation.

And his recent experience of helping some arrested citizens to reapply for a home return permit may give you some food for thought. He pointed out that after the resumption of quarantine-free customs clearance in the Mainland and Hong Kong at the beginning of this year, many citizens found difficulties in renewing their home return permits/returning to the Mainland gates, and their offices have received nearly 200 requests for help so far.

He arranged for a separate meeting with the helpers to understand the circumstances of the case, and found that the helpers could be divided into three categories: First, the helpers did not have anything to do with the turmoil over the amendment, but they were arrested due to accidental factors, and then confirmed that they would not be prosecuted, but they still left a bad record of being arrested; Second, the applicant has participated in the turmoil over the amendment of the extradition bill, the circumstances are minor and the law enforcement agency may not have sufficient records, so he will not be prosecuted or will not be convicted after prosecution; Third, the person seeking help was prosecuted and convicted, the circumstances were relatively minor, and the sentence had been completed.

He pointed out that such helpers generally expressed their sincere need to return to the Mainland, and also expressed remorse for their past impulses and actions. With the support of different departments in Hong Kong and the Mainland, these recent groups of helpers have received re-approved home return permits and have traveled smoothly to and from the Mainland, and many of them have expressed their heartfelt gratitude to the Central Government and the HKSAR Government.

Cheung Xinyu added that when communicating with members of the Legislative Council on April 4, Director Xia Baolong of the Hong Kong and Macao Affairs Office of the State Council pointed out that parliamentarians and parliaments should seriously consider whether their work and existence can make more citizens more recognize the governance of the SAR. He believes that providing assistance in the Home Return Permit incident is also a solution to the plight faced by many families, and believes that it will play a positive role in enhancing their trust in the Legislative Council, the HKSAR Government and the Central Government.

Finally, he believes that the rule of law and human relations are the cornerstones of Hong Kong society. The rule of law allows Hong Kong to go right, and the favor of people makes Hong Kong start again. The rule of law requires that "right and wrong" be "right and wrong", and that those who do wrong must accept a fair trial and bear the consequences prescribed by law. Only after bearing the consequences can you talk about human favors, and you must give those who have accepted the consequences a chance to start anew.

Zhang Xinyu: Some arrested people who oppose the amendment were notified by the police not to prosecute, Mak Meijuan: I don't want to call on young people arrested for opposing the amendment More than 150,<> young people are completed in the first quarter of next year, and the anti-extradition bill was arrested without prosecution Member Lam Tingguo: The vast majority of cases should be closed The Department of Justice did not confirm that there was a lack of support for those arrested against the amendment MWYO Youth Office advocated all walks of life to help re-enter the society and felt remorse for being arrested against the amendment Siu Zeyi quoted young people in prison: Ah mother does not give up, but does not tie hands and brothers to oppose the amendment bill|Zhang Xinyu: About <> arrested people were notified by the police not to prosecute The review process is coming to an end