Since 1985, section 17a(2) of the Assemblies Act has prohibited concealing one`s identity at public gatherings such as demonstrations in order to prevent identification by the police. This violation is punishable by up to one year`s imprisonment. [20] In another example, a man is at a Halloween party when he is arguing with another person at the party. The man physically beats the other man and hits him unconscious, then decides to go to another party. After the man leaves, other guests at the party contact the police to report theft and assault. On his way to the other Halloween party, the man puts on a mask that is part of his costume. While this man could be charged with assault and assault, he would not be guilty of wearing a mask or disguise to evade police because he was not wearing the mask to escape police, but the mask only because it was part of his Halloween costume. While wearing masks or disguises is generally not illegal, a person wearing a mask or disguise to avoid being spotted by police could be charged with a crime. Under Section 185 of the California Penal Code, it is illegal to wear a mask or disguise to evade police. Wearing a mask or disguise to avoid discovery by police is an offence punishable by up to 180 days in jail, community service or community service, costly court sentences and other probation conditions that a judge may impose.
In addition, the accused could still be prosecuted for the underlying crime for which he attempted to evade discovery. As mentioned above, a defendant must wear the mask or disguise to avoid detection. If the disguise is worn for any other reason, the accused would not be criminally responsible for that crime. Simply wearing a mask or disguise is not a crime in itself. If the accused did not commit or was not involved in a public offence at the time of wearing a mask or disguise, he or she would not be guilty of that offence. When two or more persons walk in disguise on the highway or on the premises of another person to prevent or hinder his free exercise or the enjoyment of such a guaranteed right or privilege, a disguise is the change of appearance such as clothing or hair. It`s like in movies, where a person puts on a wig, mustache, glasses and changes clothes. They try to make themselves look like another person visually.
If the person does not change clothes until after a flight, it could be argued that he is not trying to dress, but that he dresses normally. A man commits a robbery in a supermarket and fears being caught, as his face was clearly seen by the store`s cameras and the store owner would be able to describe the man`s appearance. The man puts a fake beard, which he has in his pocket after leaving the store, so that he cannot be recognized or identified. This man could be charged with wearing a mask or disguise to evade police in violation of Section 185 of the California Penal Code, in addition to any other theft or burglary he may have committed. In addition, the law states that anyone who disobeys a police order to remove a mask can be sentenced to six months in prison and a fine of HK$10,000. Colour is also included in the definition of “face covering”. The law entered into force on 5 July. Hong Kong`s Supreme Court has refused to rule out an injunction, but will decide at a later date whether a judicial review of the appeal of the emergency decree is allowed. [46] [47] The Court also held that the articles of the ERO empowering the Chief Executive in Council to legislate “at every time of public emergency” are inconsistent with several articles of the Basic Law of Hong Kong. The court also found that the settlement met the “required by law” requirement. [49] On November 26, 2019, the High Court announced that the government`s appeal against the judgment would take place on January 9, 2020.
[56] Every person who commits this crime is guilty of a first-degree offence, punishable by up to 365 days` imprisonment and a fine of $1,000. Pub. L. 103–322, § 320103(a)(1), which provided for an amendment identical to Pub. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104-294, § 604(b)(14)(A). According to the “Law on the Prohibition of the Veil in Certain Cases” of 2005, participants in the demonstration are prohibited from covering their faces, in whole or in part, in a manner that makes identification difficult. This prohibition applies only if the demonstrations involve disturbances of public order or if there is an imminent danger of such disturbances. The prohibition does not apply to face coverings for religious reasons.
It also does not apply if participants have the right (according to 2 chapter 7a § Ordnungsgesetz) to cover their face in whole or in part. [28] Participants in theatre, masquerade or similar activities are exempt from the prohibition on concealment at public events. Under the Norwegian Police Act, failure to comply with this obligation is punishable by a fine or imprisonment of up to three months. [26] For a century, covering or blackening one`s face was a criminal act punishable by death; the Black Act was repealed in 1823. In response to the government`s implementation of the law, netizens shared a speech by Edward Leung during a televised debate during the 2016 Legco elections: “A few years ago, Ukraine passed an anti-mask law. Do you know what happened in Ukraine? A revolution has begun in Ukraine. Want to do it? Do it, we will fight to the end. [48] Many U.S. states and the District of Columbia have anti-mask laws. [1] These cases can be defended. The facts are essential in determining whether or not this crime was committed.
Did the accused have another good reason to change his appearance? Has the appearance of the accused really changed? Was it cold outside and they decided to put on more clothes, or was it hot outside and they decided to undress? These laws were challenged on the grounds that they violated First Amendment guarantees of freedom of speech and association under the First Amendment to the United States Constitution.