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Written by: Lin Leer
2020-05-07 22:47
Date of last update: 2020-05-07 22:47Last year, the rule-amending movement continued. Chief Executive Lin Zhengyue cited the Emergency Law to establish the Masking Prohibition Act, but was questioned as unconstitutional. The original trial government lost the case. After the appeal, it was ruled that most of the appeals were straight, but the new case can only be applied to illegal Rally or unapproved assembly cannot be used for demonstrators who participate in legal assembly, and it also refers to the new law giving too much power to the police. The Department of Justice today (7th) responded to "Hong Kong 01" inquiries that it had applied for the appeal of the Court of Final Appeal for the decision of the earlier appeal court.
The Court of Appeal's judgment not only stated that the new rules can only be applied to illegal assemblies or unauthorized assemblies, but also restricted the police's power to require citizens to take off their masks.
According to Article 5 of the "Masking Prohibition Act", the police can intercept the public and ask the other party to remove the mask to identify their identity. If the other party refuses to remove the mask, the police can also remove it. The Court of Appeal judged that the police already have other statutory powers to require the public to remove their masks to identify themselves. The powers granted by Article 5 are extensive, but they have no reasonable grounds to support them, so they have also ruled that the powers are unconstitutional.
The Department of Justice replied today that it has applied for permission to appeal the decision of the Court of Appeal to appeal to the Court of Final Appeal; it also said that the Department of Justice is not suitable for comment because the judicial process is still incomplete.
Masking method
