Political situation
Written by: Luo Jiaqing
2020-12-21 20:09
Last update date: 2020-12-21 20:09
During the anti-regulation campaign last year, the government cited the Emergency Regulations Ordinance (Emergency Law) and enacted the "Prohibition of Masking Regulations" (Prohibition of Masking Act) to prohibit citizens from covering their faces during demonstrations.
The Court of Final Appeal today (21st) issued a verdict on the relevant judicial review case, ruling that the "Emergency Law" is not unconstitutional and that no one can face masks in peaceful, legal or illegal gatherings.
The government welcomes the final court’s ruling and claims that it fully agrees with the final court’s point that when seeking to strike a fair balance between social interests and individual rights, Hong Kong’s overall interests must be considered. The violation of the law as a result of legal sanctions actually damages the rule of law."
The government welcomes the Final Court’s ruling. It also claims that it fully agrees with the Final Court’s point that when seeking a fair balance between social interests and individual rights, Hong Kong’s overall interests must be considered.
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The government stated that the Final People’s Court confirmed that the “Emergency Regulations” essentially need to give the executive broad and flexible legislative powers to quickly and adequately respond to emergencies or endangering public security situations, and emphasized that in emergency or endangering public security, it should be handed over When the Chief Executive in Council considers that it is in the public interest, they make a decision on making regulations.
At the same time, the court pointed out that when the Legislative Council fails to operate in a timely manner or even fails to respond to relevant emergency or public security situations and pass necessary laws, it is necessary to grant these legislative powers.
Regarding the "Regulation Prohibition of Face Masking," the government stated that the Court of Final Appeal noted that some rights are affected by the restrictions imposed by the face mask law, but emphasized that these rights are not absolute rights, but can be legally restricted, including public safety and public In terms of order and the protection of the rights and freedoms of others, the CFA also agrees that the preventive and deterrent nature of the "Prohibition of Masking Regulations" is very important, and that avoiding peaceful public gatherings from evolving into violent conflict is the core part of its legitimate purpose.
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