綜合各方消息,香港政府將在半個世紀以來首次引用英國殖民時代的法律,以禁止人們在抗議活動中戴口罩。林鄭今晨舉行特別行政會議後,會聯同一眾司局長在政府總部頒佈《緊急法》。據悉,當局以11多區爆發衝突及暴力升級為藉口推行《蒙面法》,該法將針對非法集會或暴力示威衝突,禁止市民在這些情況中蒙面,而《蒙面法》會提供一些豁免情況,未知會否如建制派所言,警員可繼續蒙面。
法律界議員公民黨郭榮鏗極力反對當局以《緊急法》立《蒙面法》,認為缺口一開將後患無窮,因《緊急法》賦予特首會同行會近乎絕對的權力訂立任何法律,而立法會沒有機制審視或修改,當局甚至可藉《緊急法》禁止示威遊行、斷網、取消下月底區選,可見「緊急法是潘朵拉盒子,一旦打開,必然陸續有來」。再者,郭榮鏗認為推行《蒙面法》不會減少上街人數,反而加劇社會撕裂。他相信會有人就《蒙面法》提司法覆核,因香港沒有法例可違反《基本法》。
郭榮鏗亦指出,特區政府曾於一份1999年11月給聯合國的文件中表明,若引用《緊急法》會提交立法會,故此他要求林鄭回應是否仍遵守這承諾。按照該文件所示,港府指以《緊急法》制定的法規須守《基本法》第39條,而相關法規屬附屬法例,要受立法會審議。
網民發起今日12:30於中環遮打花園集合,大遊行向中環方向,抗議反蒙面法。示威者逼爆遮打花園及中環街道。
Many sources reveal that the government will invoke a British colonial-era law for the first time in half a century to ban people from wearing masks at protests. Carrie Lam will invoke the Emergency Laws after the Executive Council meeting this morning at the government headquarters. It is reported that the authorities will implement the “Anti-mask Law” under the pretext of conflicts and escalation of violence in more than 11 districts. The law will prohibit citizens from wearing mask at illegal gatherings or violent demonstrations. The law will provide some exemptions but it is not known whether police officers can continue to wear mask.
Denis Kwok Wing-hang, legislator of Civic Party, strongly opposes the government’s “Anti-Mask Law” under the “Emergency Law”. It is believed that the activation of the “Emergency Law” gives the Chief Executive and Executive Council almost absolute power to enact any law without the review function of the Legislative Council. The administration may even use the Emergency Law to prohibit demonstrations, disable the Internet, and cancel the district elections at the end of next month. It can be seen that “the Emergency Law is the Pandora’s box. Once opened, further evil will inevitably come.” Kowk believes that the implementation of the Anti-mask Law will not reduce the number of people on the streets, but will intensify divisions in the society. He believes that some people will submit a judicial review on the Anti-mask Law because there is no law in Hong Kong which can violate the Basic Law.
Kwok also pointed out that the SAR Government had stated in a document to the United Nations in November 1999 that if the “Emergency Law” were cited, it would be submitted to the Legislative Council. He asked Carrie Lam whether she still complied with this commitment. According to the document, the Hong Kong Government means that the regulations enacted by the Emergency Law are subject to Article 39 of the Basic Law, and the relevant laws and regulations are subsidiary legislation and are subject to review by the Legislative Council.
Netizens launched a march in the Chater Garden in Central at 12:30 today to protest the Anti-mask Law and marched towards Central. Protesters flooded the Chater Garden and the adjacent streets in Central.
!doctype>