Department of Justice continues to charge people with unconstitutional masking law, abusive deprivation of arrestee’s rights after application (2) Magistrates refuse to lift curfew
The High Court had earlier ruled the Prohibition of Mask Covering Regulation as unconstitutional and is now awaiting the decision of the Court of Appeal. The first case involving the offence was re-heard at Kwun Tong Magistrates’ Court on 17th January, and the case was adjourned to 9th April pending the outcome of the appeal, while the two defendants were released on bail.
The two defendants were charged with participating in an unlawful assembly and wearing ear masks outside the Kai Tin Shopping Centre in Lam Tin on 4th and 5th October last year, in violation of the Prohibition of Mask Covering Regulation.
The prosecution applied to adjourn the case to 9th April pending the Court of Appeal’s decision on the judicial review of the Prohibition of Mask Covering Regulation, while not objecting to the two defendants being released on bail on the original terms.
The defence applied to lift the curfew conditions of 11pm to 6am, but was refused by the magistrate and the hearing was adjourned to 9th April.