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BREAKING: Court of Final Appeal ruled in favour of the government on anti-mask law, and said emergency law, which gives the Chief Executive wide power, remained constitutional. https://twitter.com/hkcnews_com/status/1340843403676774400
As always, quick summary of judgement as follows. The top court adopted a traditional view that the executive will act in "good faith" under the emergency law, despite lack of clear definition of what amounted to "emergency"/"public danger". (pp50) https://twitter.com/hkcnews_com/status/1340847110741139456?s=20
Court's view: any regulation under the ERO, will be tabled at Legco (via negative vetting), eventually is subject to judicial scrutiny. Despite ERO said power to repeal regulation rested on CE in council, CFA said Legco "retains full control" of duration or scope of law (pp66)
CFA adopted the govt's evidence (which was unchallenged) on scale and extent of the protests, despite only 30% rallies cleared by police did degenerate into violence. This forms key basis to the subsequent analysis, which judges sided with govt on need for defence. See para130
The CFA also said there's "clear societal benefit" in ending what some described as fear in going out amid unrest and inconvenience in road blockage. It also noted rule of law "undermined by the actions of masked lawbreakers", which seemingly free to act with impunity. (para146)
NOTE: the court's narrative over last year's protest was the direct result of litigants not attempting to challenge the factual basis of gov't case, provided by a police superintendent, principal assistant secretary for security, and a psychologist.
https://twitter.com/antd/status/1340871008853487618?s=20
https://twitter.com/antd/status/1340871008853487618?s=20
Security Bureau did not give clear answer if/when govt will consider repealing the mask ban. A spokesperson claimed there's a decline in willingness to abide by law following the unrest, and govt will "continue monitor" the situation.
