London Daily

Focus on the big picture.
Saturday, Feb 22, 2025

Hong Kong’s top court upholds mask ban at protests

Hong Kong’s top court upholds mask ban at protests

Top court says Hong Kong government has the right to invoke colonial-era emergency law to ban face masks at protests.

Hong Kong’s highest court has ruled that the city government’s decision to invoke a colonial-era emergency law to ban face masks at protests last year was constitutional.

The ruling on Monday is a blow for democracy supporters who had been hoping the Court of Final Appeal would side with a lower court and overturn the order.

It also confirms that Hong Kong’s chief executive – a pro-Beijing appointee – has the power to enact any law in a time of public emergency without needing the approval of the city’s partially elected legislature.

Hong Kong was convulsed by seven months of huge and sometimes violent pro-democracy protests against China’s increasing influence last year. During those demonstrations, many wore masks to hide their identities from authorities and to protect themselves from tear gas.

The protest movement has since been quashed by mass arrests, a coronavirus-related ban on public gatherings and Beijing’s enactment of a new national security law in June.

Carrie Lam, the chief executive, banned anyone covering their face at public rallies in October last year. She invoked the Emergency Regulations Ordinance, a British colonial law from 1922, to issue the order.


Opposition legislators challenged both the use of that emergency law and the ban on wearing masks at permitted rallies. They argued the move breached Hong Kong’s mini-constitution, the Basic Law.

A lower court had agreed with those bringing the challenge and expressed concerns about the emergency law and the proportionality of the mask ban.

But the top court unanimously backed the government on Monday.

“It is clearly proportionate for the Prohibition on Face Covering Regulation to seek to prohibit the wearing of facial coverings – used to hide the identity of lawbreakers and having an emboldening effect leading to degeneration of peaceful protests into violence – whether at an unauthorised assembly, a public meeting or a public procession,” the ruling said.

“The situation on the streets and in other public places in Hong Kong had become dire. Members of the public were fearful of going out to certain places and significant inconvenience was caused to the public at large by the blockage of roads and closure of public transport facilities,” it continued.

“The interests of Hong Kong as a whole should be taken into account since the rule of law itself was being undermined by the actions of masked lawbreakers who, with their identities concealed, were seemingly free to act with impunity.”

The practical consequences of the ruling were unclear, given that the government earlier this year made masks compulsory in public areas to combat the coronavirus pandemic.

Antony Dapiran, a Hong Kong lawyer who has written books about the city’s protest movement, said the judges’ conclusions could prove controversial.

“Most striking is the extent to which the Court of Final Appeal judgment privileges one narrative – of ‘violence and lawlessness’ – over any other, and without the broader context in which those incidents occurred, in reaching their conclusion,” he told AFP news agency.

Joshua Wong, 24, one of Hong Kong’s most prominent democracy activists, was arrested for allegedly breaching the anti-mask law and his participation in anti-government rallies in 2019.

Newsletter

Related Articles

0:00
0:00
Close
Good News: Senate Confirms Kash Patel as FBI Director
Officials from the U.S. and Hungary Engage in Talks on Economic Collaboration and Sanctions Strategy
James Bond Franchise Transitions to Amazon MGM Studios
Technology Giants Ramp Up Lobbying Initiatives Against Strict EU Regulations
Alibaba Exceeds Quarterly Projections Fueled by Growth in Cloud and AI
Tequila Sector Faces Surplus Crisis as Agave Prices Dive Sharply
Residents of Flintshire Mobile Home Park Grapple with Maintenance Issues and Uncertain Future
Ronan Keating Criticizes Irish Justice System Following Fatal Crash Involving His Brother
Gordon Ramsay's Lucky Cat Restaurant Faces Unprecedented Theft
Israeli Family Mourns Loss of Peace Advocate Oded Lifschitz as Body Returned from Gaza
Former UK Defense Chief Calls for Enhanced European Support for Ukraine
Pope Francis Admitted to Hospital in Rome Amid Rising Succession Speculation
Senate Republican Leader Mitch McConnell, at the age of 83, Declares His Retirement.
Whistleblower Reveals Whitehall’s Focus on Kabul Animal Airlift Amid Crisis
Politicians Who Deliberately Lie Could Face Removal from Office in Wales
Scottish Labour Faces Challenges Ahead of 2026 Holyrood Elections
Leftwing Activists Less Likely to Work with Political Rivals, Study Finds
Boris Johnson to Host 'An Evening with Boris Johnson' at Edinburgh's Usher Hall
Planned Change in British Citizenship Rules Faces First Legal Challenge
Northumberland Postal Worker Sentenced for Sexual Assaults During Deliveries
British Journalist Missing in Brazil for 11 Days
Tesco Fixes Website Glitch That Disrupted Online Grocery Orders
Amnesty International Critiques UK's Predictive Policing Practices
Burglar Jailed After Falling into Home-Made Trap in Blyth
Sellafield Nuclear Site Exits Special Measures for Physical Security Amid Ongoing Cybersecurity Concerns
Avian Influenza Impact on Seals in Norfolk: Four Deaths Confirmed
First Arrest Under Scotland's Abortion Clinic Buffer Zone Law Amidst International Controversy
Meghan Markle Rebrands Lifestyle Venture as 'As Ever' Ahead of Netflix Series Launch
Inter-Island Ferry Services Between Guernsey and Jersey Set to Expand
Significant Proportion of Cancer Patients in England and Wales Not Receiving Recommended Treatments
Final Consultation Launched for Vyrnwy Frankton Power Line Project
Drug Misuse Deaths in Scotland Rise by 12% in 2023
Failed £100 Million Cocaine Smuggling Operation in the Scottish Highlands
Central Cee Equals MOBO Awards Record; Bashy and Ayra Starr Among Top Honorees
EastEnders: Four Decades of Challenging Social Norms
Jonathan Bailey Channels 'Succession' in Bold Richard II Performance
Northern Ireland's First Astronaut Engages in Rigorous Spacewalk Training
Former Postman Sentenced for Series of Sexual Offences in Northumberland
Record Surge in Anti-Muslim Hate Crimes Across the UK in 2024
Omagh Bombing Inquiry Concludes Commemorative Hearings with Survivor Testimonies
UK Government Introduces 'Ronan's Law' to Combat Online Knife Sales to Minors
Metal Detectorists Unearth 15th-Century Coin Hoard in Scottish Borders
Woman Charged in 1978 Death of Five-Year-Old Girl in South London
Expanding Sinkhole in Godstone, Surrey, Forces Evacuations and Road Closures
Bangor University Announces Plans to Cut 200 Jobs Amid £15 Million Savings Target
British Journalist Charlotte Peet Reported Missing in Brazil
UK Inflation Rises to 3% in January Amid Higher Food Prices and School Fees
Starmer Defends Zelensky Amidst Trump's 'Dictator' Allegation
Zelensky Calls on World Leaders to Back Peace Efforts in Light of Strains with Trump
UK Prime minister, Mr. Keir Starmer, has stated that any peace agreement aimed at ending the conflict in Ukraine "MUST" include a US security guarantee to deter Russian aggression
×