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Written by: Zheng Qiuling
2020-04-10 11:03
Date of last update: 2020-04-10 11:03The High Court ruled last year that the Anti-Masking Law made by the Emergency Law was unconstitutional and declared null and void. The government refused to accept the appeal. Yesterday (9th), it was found in the Appeals Tribunal that the part was upheld, referring to the government ’s “endangering public security” It is constitutional to quote the Emergency Law, but the police officer ’s right in Article 5 of the Masked Ban Act has the right to require citizens to remove masked items in public places. It is unconstitutional and orders illegal assembly to prohibit masking. Legal assembly and processions are not Restricted. Zhang Daming, the chief lecturer of the Law School of the University of Hong Kong, believes that there is room for appeal.
Zhang Daming, the chief lecturer of the Law School of the University of Hong Kong, attended a commercial program this morning and believed that the basis of the appeal court ’s ruling was mainly based on European and other human rights cases. That is, as long as it is a peaceful and lawful assembly, the police cannot disband the entire march arbitrarily. However, he believes that the appeal court's idea of "separating from the ground" is not consistent with the actual situation in the past. For example, the police will disband the assembly due to a small amount of violence. In addition, the "Masking Against Masking Act" has relatively little effect on the accusation of masking for people who are involved in violence. It is believed that there is room for appeal in this ruling.
Zhang Daming hoped that the government would respect the court ruling. It was proposed that the emergency regulations should not be implemented in the long run. The chief executive is responsible for withdrawing the emergency legislation from the regulations after the emergency is lifted. He is also concerned that despite the existing Appeals Court ruling, the written legislation has not been updated and there are unconstitutional parts, and the police will not rely on the Appeals Court ’s verdict but only look at the written legislation when they are enforced, so he believes that the government should first revoke the current regulations before launching according to the ruling Regulations.
Regarding the impact of the prosecution of persons arrested under the "Masking Ban Act" in the past, Zhang Daming said that it greatly depends on whether the government accepts some unconstitutionality, and believes that according to the content of the appeal court decision, those arrested in peaceful assemblies should be revoked.
Yang Yueqiao, a member of the Citizens ’Legislative Council, said on the same program that after the first trial of the“ Masking Prohibition Act ”was lost in the Court of First Instance, the government should stop the prosecution process. If the government handles the case fairly, it should not initiate prosecution because there is room for appeal to the Court of Final Appeal. He pointed out that the Court of First Instance and the Court of Appeal clearly have different views, so they are discussing the appeal to the Court of Final Appeal.
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