Bar Association urges clear line on 'guilty mind' in potential storm-chasing law

The chairman of the Hong Kong Bar Association (HKBA), Jose-Antonio Maurellet, stressed that the legislation must clearly establish what constitutes a "mens rea" (guilty mind) in the proposed criminalization of the dangerous behavior in storm-chasing.

Speaking on a television program, Maurellet emphasized that the legislation must clearly establish the requisite mens rea, which is a crucial element in determining criminal liability.

He stated that it should be specified whether convictions would apply in cases of parental negligence or in more severe situations.

Meanwhile, he stated that HKBA would not express support for or opposition to legislation in any particular area, emphasizing that social consensus is necessary.

Maurellet also mentioned that the legislation should strike a balance between safeguarding children and respecting individual freedom. He cited boxing as an example, a sport that carries certain risks but is not banned.

The proposed legislation came in the wake of Super Typhoon Ragasa last month, during which a mother and her son were swept into the sea while watching the waves.

Chief Executive John Lee Ka-chiu stated in late September that the government was mulling bringing in a specific law to ban "storm-chasing". 

Secretary for Security, Chris Tang Ping-keung, also warned that the public should expect a "zero-tolerance" stance towards chasing waves or seeking out strong winds during extreme weather.