The Court of Final Appeal held that the ambit of the power to make subsidiary legislation under the ordinance in an emergency or a public danger was not unconstitutional. A five-judge panel at the Court of Final Appeal unanimously ruled that the ban on face masks at protests and rallies was proportionate and no more than reasonably necessary to prevent violence. It also rejected the applicant’s challenge to the constitutionality of the Emergency Regulations Ordinance, by which the mask ban was imposed. The High Court first ruled in November last year that the anti-mask law was unconstitutional as it went “further than necessary” in the restriction of fundamental rights. Both parties were unhappy with the ruling and took the case to the Court of Final Appeal.

Source: The Standard December 21, 2020 03:00 UTC