Peaceful assembly cannot be masked Liang Guoxiong said harshly that the final court did not protect civil rights

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Written by: Guo Hao Tim Li Huina

2020-12-21 12:48

Last update date: 2020-12-21 15:07

The Court of Final Appeal adopted the "Emergency Law" last year and enacted the "Prohibition of Face Masking Act" and ruled that the government won the case. One of the appellants, Liang Guoxiong, was frankly disappointed after learning of the ruling. , Is contrary to the principle of civil liberties, that the court does not have the right to protect these people.

Lawyer He Chun-jen also said that the Final Court’s view on the Emergency Law is conservative. He believes that the Chief Executive should have such powers and put more emphasis on maintaining order. There is no absolute right or wrong in these disputes.

However, the final court ruling further tightened the decision of the Court of Appeal. He admitted frankly that he was disappointed and "unexpected."

After learning of the final court ruling, Liang Guoxiong bluntly expressed his disappointment with the ruling. He pointed out that the National People's Congress Law Committee or the mainland government continuously attacked the Hong Kong judiciary, which put the Hong Kong judiciary under great pressure. There is no need to worry about having extensive powers, because the Legislative Council can "enact legislation before deliberation", and the public can also submit judicial reviews... Liang believes that the significance is no longer significant.

He concluded that when Hong Kong courts are publicly criticized, whether the National People's Congress Law Committee or the mainland government can override the judiciary, he believes that the final court's ruling cannot quell the public's doubts and question whether the court may still be the gatekeeper.

Regarding the Final Court’s ruling that legal assemblies should not wear a face mask, Liang believes that it is very harsh and believes that this is contrary to the principle of civil liberties. This decision does not protect the rights of these people.

Liang Guoxiong bluntly said that he was disappointed with the final court ruling, and he was harsh on further prohibiting demonstrators from masking in peaceful demonstrations.

(Photo by Li Huina)

Former Legislative Council Member Ho Chun-jen said that many members of the legal profession told him that they did not dare to hold on to this case. Because of the current situation, judges are inevitably subject to political pressure. However, any rule of law must be governed by certain political conditions. Normal operation, the current political pressure is too great, the public face the earlier strong legal attacks, many people have become discouraged or lose confidence.

Regarding the "Emergency Law" dispute, what does it mean that the conservative view is that the chief executive should have such powers, and that the chief executive should have such powers, or that human rights and freedom should be taken into consideration. These views are not absolutely right or wrong.

However, the Court of Appeal also considered that the restriction on the wearing of face masks by lawful assemblies was out of proportion, while the Final Court believed that assemblies might become illegal.

He believes that peaceful and legal gatherings do not need to be regulated by themselves and suddenly become violent. He believes that a more proportionate approach can allow the police on the scene to ask the people on the scene to disband or immediately order people to remove their masks. However, the final hospital is not only He didn't accept it, and tightened it so that the government won the sun from beginning to end, which he could not estimate.

He also said that he should not lose confidence or even give up because of this judgment. He said that there are still many lawyers fighting side by side. If human rights and justice are damaged, they must fight. I believe that there are still judges who have the courage and wisdom to make a decision. If you lose the case, you can keep it for your records.

The process of the ban on masking and the controversy it caused.

(See the picture below for details)

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Prohibition of masking method.

The ultimate appeal｜The court ruled that the government won the case and banned masks for peaceful assembly

The final court will adjourn the case of Huang Zhifeng involved in the crime next Monday on the final ruling under the "Prohibition of Face Masking Act"

Lie Xianlun: The court has a part in creating chaos on the streets and denounces the judge of the High Court to rule that the "Prohibition of Masking Law" is unconstitutional

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