Hong Kong’s top court has unanimously decided to uphold the government’s mask ban, declaring it constitutional at all public meetings and processions. 25 pro-democracy figures, who challenged the anti-protest measure in court, were ordered to pay the costs of the appeals.

The panel of five judges at the Court of Final Appeal noted that evidence filed by the Hong Kong government showed the mask ban was made to address an ongoing situation of violence and unlawfulness existing over a period of months. It led Chief Executive Carrie Lam to conclude that there was an occasion of public danger.

They noted that due weight should be given to those who wish to demonstrate peacefully and those who sustained personal injuries or property damage because of violent protesters.

“The interests of Hong Kong as a whole should be taken into account since the rule of law itself was being undermined by the actions of masked protesters who, with their identities concealed, were seemingly free to act with impunity,” the judges concluded, adding that the mask ban was a proportionate response.

The Court of Final Appeal also rejected the legal challenge to the constitutionality of the Emergency Regulations Ordinance. The judges concluded that the Ordinance gives the city’s leader authority to make subsidiary legislation in times of emergency or public danger and although the ambit of power was wide and flexible, it was not unconstitutional.

They added that the power was subject to meaningful control by the requirements of the Ordinance itself, judicial control through judicial review, legislative control through the procedure of negative vetting. And by the requirement in the Basic Law, any regulations under the Ordinance which restrict protected rights must satisfy the requirements of being prescribed by law and proportionate.

Chief Executive Carrie Lam invoked emergency powers to bypass the Legislative Council and impose a mask ban in the height of the pro-democracy protests in October last year. A lower court had ruled that the restriction was partially unconstitutional.

Albert Ho, former chairperson of the Democratic Party and one of the 25 applicants, noted that while people are disappointed with the results, it is within their expectations. He said the Hong Kong judiciary is under attack from pro-Beijing propaganda and central authorities.

“Against this background, there are reasons for people to become concerned as to whether we will be able to uphold the rule of law and the judiciary is able to stand firm and perform its role independently,” he said.

Click here for Chinese version

---------------------------------

Apple Daily’s all-new English Edition is now available on the mobile app: bit.ly/2yMMfQE

To download the latest version,

iOS: bit.ly/AD_iOS

Android: bit.ly/AD_android

Or search Appledaily in App Store or Google Play