Words to the Public from Citizen in Legal Sector
Do not be misled!
Many were critical after the court’s rejection of granting the injunction order on anti-mask Law. It is NOT that the court disagree the law would escalate the protestors' action. Such a point of view was not mentioned during the hearing at all.
What the judge basically said was:
1. According to case precedent, unless the regulation under review is very obviously violating the constitution, the court will not grant an interim injunction prior to the proper judicial review. For details please see [1].
2. This hearing was solely for the interim injunction. As the applicant of injunction had yet to obtain the leave for judicial review which the hearing of such was scheduled on the following Tuesday. For more information on why, please see [2]
3. Therefore, although the court preliminarily acknowledged the possibility of judicial review, it would not grant an interim injunction at this stage.
The judge had never stated the anti-mask law is totally legitimate, and taken the fact that escalation may be a result into consideration. Attacking the court will do us no good and it will even:
1. Cost us on the international frontline. Foreign human right activists will think that the protestors disrespect rule of law, just like Hong Kong Police and the "communist" government of Hong Kong.
2. Create internal division. A lot of our brothers have high regards for the court. Actions targeting the court may not be supported.
I am surprised that none of the news articles analysed the ruling. Please do not be misled and act reasonably towards critics.
Finally I would like to point out -- we did not lose as the judge said this particular judicial review is debatable, just not happening today.
By 個腦生左係屎忽度
Remarks:
[1] paragraph 13 of 郭卓堅 v. 香港特首林鄭月娥 (Kwok Cheuk-kin v. Carrie Lam Cheng Yuet-ngor, Chief Executive of HKSAR [2018] HKCFI 1869; HCAL 1165/2018): http://www.hklii.hk/cgi-bin/sinodisp/eng/hk/cases/hkcfi/2018/1869.html?stem=&synonyms=&query (http://www.hklii.hk/cgi-bin/sinodisp/eng/hk/cases/hkcfi/2018/1869.html?stem=&synonyms=&query=)=(2018%205%20HKC%20138)%20OR%20ncotherjcitationtitles(2018%205%20HKC%20138
[2] According to Practice Direction SL3 paragraph 10, the court generally would not grant an interim injunction at the said stage. For details please see PS SL3, para 10: https://legalref.judiciary.hk/lrs/common/pd/pdcontent.jsp?pdn=PDSL3.htm&lang=EN (https://legalref.judiciary.hk/lrs/common/pd/pdcontent.jsp?pdn=PDSL3.htm&lang=EN)