In this photo of October 6, 2019, masked protesters use umbrella to celebrate the front line as they face the police in Hong Kong. (Vincent Thian / AP)

The Hong Kong Final Appeal Court, on Monday, ruled in favor of the Government, which invoked the Ordinance of Emergency Regulations to enforce anti-Mask Law at the beginning of October 2019.

The Court ruled that the Executive Director in the Council had been legitimate of taking the law in light of the "public danger" of prolonged violence and illegality at that time and the prohibitions of the law They were provided and, therefore, legal restrictions on protected rights.

In a written judgment, the main court of the city stressed the prohibition of the coverage regulations of the face, it had been a proportional response from the Government, since there had been "the degeneration of the Law and order in Hong Kong "at the beginning of October. 2019.

"Not only is the power to make regulations under the ERO and regulations, which is subject to legislative and judicial control, are also subject to basic law," reads the sentence. In addition, the court made it clear that "the situation in Hong Kong in 2019, which led to the manufacture of PFCR was not one in which public assemblies remained peaceful."

The interests of Hong Kong as a whole should be taken into account since the norm itself was being undermined by the actions of the masked protesters that, with their hidden identities, were apparently free to act With impunity, according to the sentence.

"Members of the public were afraid to leave and there were significant inconveniences to the general public for the blockade of roads and the closure of public transport facilities," which reads the sentence.

The use of facial coatings had an effect of embalming in the protesters and their supporters and individuals were abusing "their anonymity by acting with a sense of impunity and a capacity to avoid. Police research," The Court He pointed on his ju. DGM

October 4, 2019, the government, citing ERO, prohibited use. of masks and other facial coatings at certain public meetings after the city had risen by an incessant street violence of months instigated by masked radicals with black nails.

The CFA argued that, although the Anti-Mask Law restricted freedom of assembly, freedom of expression and right to privacy, which were rights protected under the Basic Law and the Declaration of Hong's Rights Kong, these rights were not absolute and were subject to legal restrictions, taking into account the interests of public safety, public order and the protection of the rights of others.

The CFA agreed that the prohibitions were proportional and reached a fair balance between the rights of individuals and the social benefits of invasion in those rights.

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