Hong Kong anti-mask law: ban on face coverings would deal blow to freedom of expression, lawyer argues

With a mask ban in place, peaceful demonstrators who could not hide their identities would be left in fear of retaliation from employers, barrister argues

Government on Thursday began its two-day appeal against lower court’s ruling that ban is unconstitutional

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The mask ban aimed to put an end to the increasing level of violence seen during months of protests. Photo: Winson Wong

Published: 12:35am, 11 Jan 2020Updated: 4:36am, 11 Jan 2020

Banning masks at demonstrations would deal a blow to freedom of expression in Hong Kong, a court heard on Friday as the government’s appeal against a ruling that declared such an arrangement unconstitutional entered its second day.

The government on Thursday had insisted the ban on face coverings was vital to curb the ongoing unrest in the city, but on Friday, Johannes Chan Man-mun SC, representing 24 opposition legislators who challenged the anti-mask legislation, tried to paint a different picture at the Court of Appeal.

With a mask ban in place, peaceful demonstrators would be left in fear of retaliation, no longer able to hide their identities from employers who might want to punish them amid highly polarised times, he said. Those who wanted to wear a Winnie the Pooh mask – a dig at President Xi Jinping – would also be deprived of their political relief, Chan argued.

“This goes to the very core of our freedom of expression,” he said.

The High Court ruled the mask ban was unconstitutional. Photo: Fung Chang

In November, the Court of First Instance ruled unconstitutional a mask law enacted by the government in October that banned the wearing of face coverings at both lawful and unlawful rallies.

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