Das Team » Hong Kong face masks ban largely upheld

KN95 Medical Mask As health experts in Hong Kong call for masks to be made mandatory to tackle coronavirus a ban on their use that was introduced in response to protests has been largely upheld by the appeal court.

The bans were implemented under colonial-era emergency laws according to the paper last fall as mass protests broke out against Chief Executive Carrie Lam’s government over widely detested plans to allow extradition to the Chinese mainland. Applying to all gatherings violators could face penalties as stiff as one year in jail and a fine of HK$25,000 though it contained exemptions for health religious and occupational reasons that weren’t clearly defined and created ambiguity over who could be charged and why.

The judgment delivered on Thursday afternoon Medical Mouth Masks said Hong Kong’s chief executive could use colonial-era laws to make emergency decrees for public safety and that banning masks was constitutional at unlawful gatherings. But it also found that banning masks at lawful gatherings and allowing police to demand their removal was unconstitutional.

Hong Kong’s Security Bureau told the South China Morning Post that armed protesters “continue to cause serious concerns” and that the mask ban’s purpose was to “strengthen the deterrent effect against radical protesters .” Former Legislative Council member and social activist “Long Hair” Leung Kwok-hung told the paper that he was disappointed the appeals court did not clarify what exactly a “public danger” is: “The definition of ‘public danger’ is too wide it will allow the chief executive to abuse his or her power.”

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