London Daily

Focus on the big picture.
Saturday, May 31, 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
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×