If I understand HK law correctly there are 2 offences: taking part in a an "illegal assembly" and "rioting".
Rioting involves violence and I don't see the government budge on that. The fact that the protesters' demands mention a blanket amnesty and use the term 'riot' makes the demand unpalatable.
Regarding illegal assemblies there might be leeway in how strictly people are charged, or whether charges are dropped in many cases.
Hong Kong almost passed a law allowing extradition to China, a country lacking the rule of law. This is why the legal code failed to mollify the population. It was the law itself the protesters were protecting.
Some western countries have extradition treaties with mainland China.
Beyond the obvious lack of trust the issue with such treaty is the procedure. Indeed it could give a say to HK courts or it could simply create a simple procedure where HK courts have no say beyond checking that the right forms were filled. I don't know how the bill was drafted.
In general, it is not unreasonable for HK to have extradition procedures with the rest of China at large (mainland, Taiwan, Macau) but again, the devil is in the details.
(Note that HK is formally part of the PRC, so saying "HK extradition to China" may ruffle some feathers).
> Some western countries have extradition treaties with mainland China
Few, and with strict legal and political supervision [1]. The proposed law would have single-handedly smothered Hong Kong’s rule of law and stability. It was a stupid, unnecessary move pursued solely for Xi’s political concerns.
> HK is formally part of the PRC
Hong Kong is Chinese territory from a military perspective. Civically, legally and administratively, it is separate.
Hong Kongers used to identify as Chinese. But due to Xi’s hamfistedness over the past few months, that is no longer the case.
The list does not strike me as "few", which is by the way irrelevant to the point... As I said the devil is in the details, not the principle.
HK is part of the PRC, that's what many people miss. It is granted special status within the PRC by a national law. Hence the official name "Hong Kong Special Administrative Region of the People's Republic of China".
This is quite different from what, e.g. British people might expect. For example HK was never part of the UK and Gibraltar today is not part of the UK.
The point being that opposing "HK" and "China" as is often the case in western media is inaccurate and perhaps not productive as it sometimes seems intended solely at annoying the Chinese government.
> Few, and with strict legal and political supervision
The strict supervision is the key here - there could not be true supervision of an extradition treaty with China when the executive is appointed BY mainland China.
"breach of the peace"... Considering that the legal system is descended from the British system (and actually this law dates from British rule), this means:
"when a person reasonably believes harm will be caused, or is likely to be caused, to a person or in his presence to his property, or a person is in fear of being harmed through an assault, affray, riot, unlawful assembly, or some other form of disturbance" [1]
This is legal speak to mean violence against people or property.
I'm wondering how a social worker could be on "active duty", let alone in a violent protest. I'm also wondering how a member of the emergency services on duty could be arrested.
Without details your claims do not make much sense, including your claims about precedents and likelihood of conviction.
I might be misremembering the likelihood of being convicted with "riot", but from what I can remember, several people were convicted with riot in the 2016 unrest; they were later acquitted several years later through costly appeals.
Rioting involves violence and I don't see the government budge on that. The fact that the protesters' demands mention a blanket amnesty and use the term 'riot' makes the demand unpalatable.
Regarding illegal assemblies there might be leeway in how strictly people are charged, or whether charges are dropped in many cases.