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In rare, ‘significant’ move, Hong Kong judiciary appoints two judges to hear legal challenges against anti-mask law

  • This has never happened in recent years, even in high-profile cases centred on constitutional matters
  • Since anti-mask law came into force two weeks ago, six legal challenges against it have been lodged

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Protesters in Central defy the mask ban. Photo: Felix Wong

In a rare move, Hong Kong’s judiciary has appointed two judges to hear legal challenges against the government’s use of colonial-era emergency laws to quell the ongoing protest crisis, according to sources.

Since the anti-mask legislation came into force two weeks ago, banning people from wearing masks at illegal and authorised rallies, six judicial challenges have been lodged – five from pro-democracy activists and one from legislators.

The Post was told that two judges, Godfrey Lam Wan-ho and Anderson Chow Ka-ming, were appointed to deal with two of the legal bids at the Court of First Instance, to be heard on October 31 in a two-day proceeding.

Although the two-judge arrangement is not unprecedented, it is rare, according to legal experts. It has not been used in recent years, even in high-profile constitutional cases. The decision to pair judges reflected the significance of the pending challenges, the sources said.

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(From left) Pro-democracy lawmakers Kwok Ka-ki, Claudia Mo, Kenneth Leung, Leung Yiu-chung, Dennis Kwok, Tanya Chan and Charles Mok file their application against the mask ban. Photo: May Tse
(From left) Pro-democracy lawmakers Kwok Ka-ki, Claudia Mo, Kenneth Leung, Leung Yiu-chung, Dennis Kwok, Tanya Chan and Charles Mok file their application against the mask ban. Photo: May Tse

“This is an arrangement made by the court and it showed how important the matter is,” pro-democracy lawmaker Dennis Kwok, who led other legislators in filing one of cases, said. Kwok, a barrister, represents the legal functional constituency.

Ronny Tong Ka-wah SC, a member of the government’s top advisory body the Executive Council, said the two-judge bench was known as a “divisional court”, usually called for important cases.

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