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SCMP Reporters

Hong Kong’s embattled government has announced plans to ban people from wearing masks at public assemblies, as it struggles to control the increasingly violent civil unrest gripping the city.
Chief Executive Carrie Lam Cheng Yuet-ngor’s administration, under mounting pressure from its political allies to put a stop to nearly four months of anti-government protests, imposed the ban on Friday through legislation by invoking a tough, colonial-era emergency law that has not been used in more than half a century.
Lam says she did not seek approval from Beijing to implement the law during her recent trip for the National Day celebrations and says legislation is a step towards resolving the situation and restoring stability to Hong Kong.
Since the announcement, people have taken to the streets blocking roads in Central and Kowloon Tong.
Follow our live coverage of the press conference here. Reporting by Tony Cheung, Victor Ting, Gary Cheung, Kimmy Chung and Sum Lok-kei.


As it happened: boy, 14, hit by bullet during night of violent protests in Hong Kong

A Bank of China in Tsuen Wan is smashed and set alight. Photo: Winson Wong

Anti-mask law for protesters would be tough to enforce in streets and courtrooms, Hong Kong police and legal experts say

News

Hong Kong

Politics

Masked protesters hold a flash mob rally at Chater Garden on Tuesday. Photo: Sam Tsang

Students hold a class boycott protest at Chater Garden in Central. 30SEP19 SCMP / Nora Tam

A man leaving a clinic in Mong Kok. The government announced on February 07 that the Lunar New Year holiday for pupils at kindergartens, primary schools and special schools would start on Thursday, to prevent flu’s spread. 08FEB18 SCMP / Sam Tsang


Medical source confirms teenager has been transferred from Tuen Mun Hospital to Pok Oi Hospital
Night of violence with protesters rampaging across city comes after city leader announces new anti-mask law 



Colonial-era legislation will take effect from midnight on Friday to quell nearly four months of civil unrest. 


Hong Kong protests

Legislative Council of Hong Kong

Carrie Lam

Hong Kong Basic Law

Live

Thousands of office workers and residents earlier gathered at Chater Garden in a spontaneous protest against the anti-mask law (pics below), expected to be announced soon by city leader Carrie Lam. 
They occupied west-bound lanes of Des Voeux Central and the east-bound lanes of Connaught Road Central near IFC, halting traffic there. 
In Tai Koo, hundreds also took to the street, marching along King's Road. 




Lunchtime protests before announcement

Scenes from lunchtime

Meanwhile, the stage for Carrie Lam's expected briefing on the anti-mask law has been set up in the government offices complex in Tamar. Photo by Winson Wong. 



Stage prepared

Malaysia’s Prime Minister Mahathir Mohamad has waded into the controversy over Hong Kong’s anti-government protests, saying that the city’s chief executive Carrie Lam Cheng Yuet-ngor should resign to ease tensions.
Read our story here. 


Malaysia's leader calls for Lam's resignation

Chief Executive Carrie Lam will meet the press alongside eight officials, including Chief Secretary Matthew Cheung Kin-chung, Secretary for Justice Teresa Cheng Yeuk-wah, security minister John Lee Ka-chiu and finance chief Paul Chan Mo-po.


Lam to appear alongside senior officials

After Lam speaks publicly, there will be a consular briefing at North Point Government Offices at 6pm. Chief Secretary Cheung is expected to explain the anti-mask law to foreign consuls and diplomats, and update them on the latest situation in Hong Kong.


Diplomats to be briefed

Due to security considerations, government departments are allowing staff to leave the central government offices in Admiralty after 3.30pm today.
Some civil servants were told that they can go home after lunch.   


Civil servants free to go home

The benchmark Hang Seng index nose-dived shortly after the afternoon trading session commenced, and was down by as much as 498 points or 1.9 per cent at one stage. At 2.55pm, the index was down 374 points or 1.43 per cent to 25,736.


Jittery trading

The march in Central by thousands of professionals and office workers arrived back at the intersection between Des Voeux Road Central and Pedder Street at 2pm. 
Most of them appeared to have gone back to work after lunchtime, saying they will be back on the streets tomorrow.
They say they have been driven to the streets to register their opposition to the anti-mask law set to be announced.
However, about 100 masked protesters have stayed, stopping traffic and occasionally chanting slogans.
   


Protest winds down, hard-core remain

The press conference is starting. Hong Kong leader Carrie Lam takes to the stage with 16 ministers.
This is the first time since Lam took office in July 2017 that her whole ministerial team is present with her for a press conference.


Lam appears

Lam says in the last four months, there were almost 400 protests with 1,100 injuries reported, of which nearly 300 were police officers.
"Protests have become more frequent, rioters have staged organised damage, while residents and companies in Hong Kong are worried, and people are asking if Hong Kong can restore order," she says.
Various sectors in society are hoping that the city can regain calm, she adds, saying the government’s job is to help police. 


'Government's job is to help police': Lam begins speech

Explanatory notes handed out at the press conference set out the "purposes of the new regulations":

prohibit the use in certain circumstances of any facial covering that is likely to prevent identification and provide for an offence
empower a police officer to require a person in a public place to remove the person’s facial covering and provide for non-compliance to be an offence
provide for an extension of the prosecution time limit for the relevant offence to 12 months beginning on the date on which the offence is committed  	 



Reasons for anti-mask law

Carrie Lam says the proportion of students among the arrested has surged from 25 per cent from June to Aug, to 38 per cent since the new school year started in September.


Lam observes increase in student arrests

Lam says last month, she announced four actions, including the withdrawal of the bill and holding a dialogue with the public.
She says she is also preparing for the policy address.
Unfortunately there was an “escalation of violence” on September 29 and October 1, Lam says.
Protests spread to various districts, and grew from arson on the streets and outside train stations to inside stations, she adds, while public buildings were destroyed, and now shops are being destroyed.
Conflicts have changed from yelling at people to beating people up, and attacks on police are becoming more violent, the chief executive says.   


Background from Lam

According to a circular sent out by the Education Bureau to all schools at 3pm, the anti-mask law will take effect from midnight.


Schools told anti-mask law will kick in at midnight

Confirming the regulations come into force later tonight, Lam says: “We can't allow the escalation of violence and have been exploring possible laws to curb violence.
“This morning, I convened the special meeting of Exco and decided to enact the Prohibition on Face Covering Regulation.
“It will come into force by midnight on Friday.”



Lam: anti-mask law takes effect at midnight

Lam says nearly all protesters at illegal assemblies wear masks to evade legal consequences. "We hope the law can create a deterrent effect," she says. 
"The decision is not an easy one, but necessary. I want to stress that the law doesn't mean Hong Kong is in a state of emergency."


'Hong Kong not in a state of emergency'

Lam says the goal of the law is to stop violence and restore order.
It is to target people who resort to violence, but there are exemptions for people who genuinely need to be masked, she adds.
Lam also says this is subsidiary legislation, and there will be negative vetting at the legislature.
That will be tabled at the Legislative Council on October 16 for lawmakers to amend it after implementation.   


Aim is to restore order, exemptions apply

Secretary for Security John Lee Ka-chiu says: "We can see that in the past four months, most people who took part in violent actions put on masks, damaging public facilities and throwing petrol bombs."
The anti-mask law aims to deter people from taking part in violence, and will help law enforcement agencies gather information, he adds. 


Security chief: law will help in information gathering

The Education Bureau says in a letter addressed to all school principals and supervisors of the city that the anti-mask law will come into effect by midnight, appealing to schools to remind students that under the new law they should not wear a mask during public assemblies and also at school unless due to religious or health reasons. The same also applies to school staff.
"People don’t usually cover their faces during normal day-to-day interactions. That’s why students do not have a need or reason to wear a mask during normal activities when spending time with classmates and teachers," the letter read. Teachers and parents are also told to "set a good example" for students and that they should urge students to stay at home when they fall sick, instead of going to school.
The bureau also reiterates in the letter that students should avoid participating in "chaotic, dangerous and illegal events" - ahead of another long weekend. A school notice is attached with the letter, with a reply slip asking parents to confirm their knowledge of the new law.


Students don't need to wear masks: Education Bureau

Security minister Lee says those who break the anti-mask law can be sentenced to one year in prison, or fined HK$25,000 (US$3,188).


Punishment: one year in jail, HK$25,000 fine

Justice chief Teresa Cheng says the government is aware of people’s concerns, and has considered Basic Law provisions when drafting the law.
Human rights under the Basic Law is not absolute, she adds, pointing out there can be proportionate restrictions, such as for a lawful purpose.


'Human rights under Basic Law not absolute': Justice secretary

A mask also includes a face that has been painted, says Lee. There are exemptions for religious reasons, he adds. 
Lee says the law empowers the courts to decide whether a person has reasonable exemption. Many countries such as Canada have enacted anti-mask laws, he says.
   


Ban to include face paint

Anti-government protesters and workers in Central have responded to Carrie Lam’s announcement of the anti-mask law by chanting "Hongkongers, resist". 
Hundreds are rallying at the intersection of Des Voeux Road Central and Pedder Street, paralysing traffic in the main thoroughfare in the business heart of the city.



Rally in Central

Cheng says the anti-mask law bans the wearing of masks in three types of assemblies, and the measure is for protecting public safety and order, and restoring peace and stability to Hong Kong.
She adds that this is also to prevent violent protesters from escaping punishment, and the legislation will not undermine people's freedoms, as they can still attend public assemblies without masks. 


Freedoms not affected: Teresa Cheng

Former student leader Lester Shum says he will submit a judicial review against the government's anti-mask law at 5pm today.


Mask law facing legal challenge

Lee, the security minister, highlights the difficulty in gathering evidence for the prosecution of offenders, given the challenges in identifying those violating the law.


Evidence issues

A journalist asks whether the use of the emergency law will open a Pandora's box and pave the way for more laws such as banning the use of Telegram app and how the mask ban will help law enforcement.
Lam only answers that the protests have lasted for months, she hopes they will die down gradually and the government has to be cautious.
“It was not an easy decision, and the [emergency] law has not been invoked for a long time."
On future measures, Lam only says she does not want more violence, but if violence continues to worsen, the government has to think of more solutions.


Has Lam opened a Pandora's box?

Liberal Party leader Felix Cheung Kwok-pan, also a pro-business lawmaker, hits out at the government’s move. 
"The government has once again made a wrong decision," he says. "I have no idea how it will hurt Hong Kong as this will be hard to estimate."
He adds that while the anti-mask law could be considered, it should not be set up through invoking emergency powers, as the time is not right. 


Big mistake by government again: Liberal Party lawmaker

Asked if the government would use the emergency law to impose foreign exchange controls, finance chief Paul Chan says the administration will not resort to this, because it is forbidden under the Basic Law. 


No foreign exchange controls, finance chief assures

The Yuen Long MTR incident on July 21, in which a group of white-clad men attacked passengers and protesters, is brought up by a journalist, who notes most assailants were unmasked but have not been arrested.
In response to this, Lee says police have been working hard and made some fresh arrests. 
The security minister says: “One thing is certain. If law breakers are not wearing masks, it is much easier for us to prove the charges and bring them to courts.”   


Yuen Long attack raised

Another journalist asks Carrie Lam how she can convince foreign investors that Hong Kong is still a city with the rule of law, if the government can invoke the emergency law to make new regulations as and when it wishes. 
He asks how the ban on masks would apply to journalists, if police were firing crowd control weapons. 
Lam replies that Hong Kong, as a global financial hub, needs a stable business environment. She says the anti-mask law is a step towards solving a situation hindering the rule of law and businesses. 
"We would not use the [emergency] ordinance to do things that harm Hong Kong’s public interest."


Lam: Anti-mask law helps restore stable business environment

Asked if invoking the emergency law will deal another blow to Hong Kong’s economy and financial markets, Financial Secretary Paul Chan says: “There are ups and downs in financial markets, and Hong Kong’s core competitiveness remains unaffected during the past few months.
“Our banking systems are still healthy and sound. We are adamant that Hong Kong remains very competitive.”   


City ‘remains very competitive’

On whether journalists are exempted from the regulation, John Lee says the legislation would not apply to those with needs pertaining to occupation, religion and health, and therefore reporters fall into this scope. The court can grant discretion on specific cases as well, he adds.


Reporters exempted from mask regulation

A journalist asks Lam if she will consider defusing the situation by launching an independent inquiry, or by stepping down, after a young protester was shot with a live round by police on Tuesday.
Lam says the government does not want to see anyone injured, and young people should stay away from such protests. 
She says she has addressed demonstrators’ demands and stepping down would not solve the problem.
Asked if she is escalating the situation, Lam says different people have different hypotheses about that, and she believes the new law and public dialogue can help de-escalate.   


Will you resign, chief executive?

The Hong Kong Confederation of Trade Unions says the anti-mask law will seriously obstruct workers fighting for their rights in protests. 
The union notes employees usually wear masks to join rallies and marches out of fear of being identified by bosses. 
"Once the anti-mask law is set up, then it will definitely make it more difficult for employees to fight against exploitation by unscrupulous employers," he says. 
He adds women who have been sexually harassed or ethnic minorities who face discrimination in the workplace usually wear masks when they speak out.


Law obstructs fight for rights

Another pro-democracy activist, retired civil servant Kwok Cheuk-kin, has revealed plans to file judicial challenges before the court closes today.
At least two Hongkongers have now vowed to mount legal challenges against the controversial mask law.   


Judicial review plans

The Hong Kong General Chamber of Commerce, one of the biggest business organisations in the city, declines to comment on the possible effects the anti-mask law will have on investors' confidence.


No comment on investor confidence

The city’s leader is asked if she has considered an international backlash from invoking the emergency powers, and whether they could also be used to ban social media.
Lam says she believes the decision today is a responsible one after cautious deliberation. 
“There is no single decision that would gain 100% support in the city under the current situation," she says.
“Some foreign investors told us if Hong Kong continued to be so chaotic, it is no longer a suitable environment for them to invest.”
The priority for the city is to curb violence and restore order, she adds.
Lam avoids directly answering whether the powers could also target social media, but says her administration will be cautious over any further use of the ordinance.   


Lam issues foreign investment warning

On police officers’ identification and use of masks, security chief Lee says uniformed officers have numbers on their attire, while plain-clothes police carry officer badges and cards. Raptors, the elite tactical squad, have special codes printed on their helmets. 
He adds there are other ways to identify police but none to single out masked protesters. He insists that the law will help restore order. 
"If we don’t have rioters breaking the law, we don’t need police officers to enforce the law," he says.


'If there are no rioters breaking law, we don't need police to enforce it' 

The Home Affairs Department announces the Hong Kong Island Youth Musical Performance in Celebration of the 70th Anniversary of the Founding of the People’s Republic of China at Queen Elizabeth Stadium on Friday at 7pm will be cancelled to ensure the safety of participants.


Concert cancelled

The chief executive says she will make an announcement to withdraw the anti-mask law if it is no longer needed. 
On judicial challenges against the legislation, Secretary for Justice Teresa Cheng says she has no knowledge of cases filed so far, and declines to comment further. 


Anti-mask law can be withdrawn when not needed: Lam

Asked if she is worried about any legal challenges to invoking the emergency laws, Carrie Lam says the Emergency Regulations Ordinance says the chief executive in council is empowered to invoke the law in public interests and that does not mean Hong Kong is under a state of emergency.
Lam says the emergency power will cease to operate when law and order returns to normal.
She had not drawn reference from the experience in Ukraine several years ago, where the anti-mask law was enacted, the city chief executive adds.
At least two activists have promised to launch a judicial review of the mask legislation.   


Legal challenges on horizon

Numbers have swelled on Des Voeux Road Central after 4pm, with more office workers joining a spontaneous expression of anger against the anti-mask law.
About 500 people are gathered now, and traffic on the road and on nearby Pedder Street has stopped since 1pm.



Numbers swelling on streets

A reporter asks if Lam expects violent unrest to increase or decrease with the anti-mask law. He also asks if there will be a sunset clause for the mask ban, setting out when it will expire.
Lam says some past regulations made under the emergency law were repealed, but she cannot give an exact time on when would she make an order to abolish this ban.
On violence, she conceded it is difficult to estimate how the mask ban will influence the level of violence.
But Lam says she hopes the law will deter young people from taking to the streets, as law enforcement becomes more effective.
The city's leader also expects some people to continue to resort to violence, but she reiterates that she hopes this law will send a strong message that violence needs to stop.   


Lam expects more violence

A journalist asks Lam if she will use the emergency law to postpone the district council polls on November 24, or ban certain websites or apps, and whether she will address the four other demands of protesters. 
Lam says she will continue to engage in dialogue with residents, but the government cannot give in just because many have raised the same demands. 
She again refuses to go into the details of other applications of the emergency law, but on the district council polls, she says the government has not postponed its nomination period, which starts today. 
"We still hope that the district council polls can be held in an orderly manner."


No plans to cancel district council polls 

When asked if she has Beijing's approval for the decision to introduce the mask regulations, Lam says: “As in all other things relating to this exercise, I have said this is handled in Hong Kong within the ‘one country two systems’ principles.”
There is no such thing of central government approval, Lam says, adding: “I had absolutely no interaction with any central officials on this matter during my brief stay in Beijing." 
She is referring to the short trip to Beijing when she led a Hong Kong delegation for the National Day celebrations, which included a huge military parade to mark the 70th anniversary of the People's Republic of China.
Lam left Hong Kong for Beijing on Monday and returned on Tuesday afternoon.   


Did Beijing approve of law?

John Lee says he disagrees with the notion that police arrest people during protests causally and arbitrarily. He says there were instances where some people have claimed to be journalists, but were actually taking part in illegal activities and obstructing police's enforcement of duties.
On reasonable justifications for exemption from the anti-mask law, Lee says journalists can raise these immediately.


Security chief dismisses claims of casual arrests

At the close of trading, the Hang Seng Index has shrunk 289 points to 25,821, down 1.11 per cent.


Hang Seng Index down 1.11 per cent

Senior police officers, including frontline commanders, will receive training about the anti-mask law tonight, a police source says. Training will cover how to enforce the law, when to conduct arrests and the exemptions.


Police to get training on anti-mask law tonight: source

A march gets under way.
Protesters angry at the anti-mask law march down Pedder Street, after rallying on Des Voeux Road Central for hours
  Video: SCMP/Victor Ting pic.twitter.com/lx3aw7ibKZ
  — SCMP Hong Kong (@SCMPHongKong) October 4, 2019




Scenes on the street

On whether the government would invoke emergency powers and postpone next month's district council elections, Patrick Nip, secretary of the mainland and constitutional affairs, says ministers would try their hardest to hold the elections on schedule, under an "open, fair and transparent" environment.
But Nip says there are mechanisms available in special circumstances to postpone any elections by up to 14 days.
December 1 is now set as an election day under a contingency plan, he adds, as he issues an appeal to all to stop the violence so that elections can be held as scheduled.   


Elections to be postponed?

Hong Kong businessman Allan Zeman, the founder of entertainment zone Lan Kwai Fong, rejects claims that investor confidence would be affected by the emergency law. 
"At the moment, the thing that’s more worrying for investors is the violence that is going on almost every day in Hong Kong," Zeman says. 
He adds that Lam has assured the public that invoking the law does not mean the city is under threat. He believes the measure will help boost business confidence. 


 Allan Zeman: anti-mask law will boost business confidence

Post reporter Sum Lok-kei asks Lam to respond to Malaysian Prime Minister Mahathir Mohamad’s call for her to step down.
Lam says she has not read the report about the Malaysian leader but adds everyone has the freedom of speech.
Sum also asks if Lam would consider censoring the media under the emergency powers.
She declines to go into details of invoking emergency law, saying it has to be a cautious decision.
On tension between police and people, Lam echoed Lee’s stance that police are only reacting to protesters’ action.   


Malaysian leader’s resignation call

John Lee says marches have proceeded peacefully in the past 22 years, but the proliferation of masks in recent months has resulted in chaos at public assemblies.
Asked why police can still conceal their identity by wearing masks, Lee says officers cannot leave the scene when on duty, and there is a need to protect them.
"The identity of police officers can be ascertained by numbers on their helmets. You can file complaints through this existing mechanism."


Protest chaos blamed on masks

When asked if residents in protest-stricken areas could wear facial equipment to avoid breathing in tear gas and whether those taking part in assemblies could wear sanitary masks for health reasons, Lee refuses to answer directly. 
The security minister repeats earlier comments there are certain exemptions laid out in the regulations, namely health, occupational and religious reasons, and the court could exercise discretion over any reasonable defences.   


Bystanders allowed to wear gas masks?

The government's press conference on the anti-mask legislation ends just before 4.50pm, after more than 1½ hours.


Press conference ends

As the press conference by Lam and her officials ends, the march in Central is still under way while onlookers on a nearby bridge gawk. 
More protests are expected citywide tonight as the city faces its 18th straight weekend of unrest. 



More protests expected in wake of announcement

Civic Party lawmaker Tanya Chan, who leads the pan-democratic bloc, says the mask ban is just an excuse for the government to make other laws under the Emergency Regulations Ordinance. Chan says there are rumours over extending the detention time of arrested suspects from 48 hours.
She adds that it is a "joke" to say lawmakers will vet the new law, as only the chief executive has the power to retract it. 
Barrister Dennis Kwok, also from the Civic Party, says the "evil law" will only create further political conflict and do no good in de-escalating the situation in Hong Kong.


'Excuse to invoke other emergency laws'

Street demonstrations are breaking out in the wake of Lam's announcement on the mask regulations.
Hundreds of demonstrators, many of whom are covering their faces, have set up barricades in Waterloo Road, a major thoroughfare in Kowloon Tong.

Barricades have also been built in Exchange Square, Central, where hundreds have gathered.
The Chinese national flag has also been set alight there.
Near Hong Kong station in Man Yiu Street, a group of protesters has set up barricades with metal railings, rubbish bins and bricks, as pictured below.

 
 
   


Flag burned, roadblocks set up

Democratic Party chairman Wu Chi-wai says the new law that bans masks forms only “part of a conspiracy”.
Wu says the government can make other laws to control finance and news publication under the Emergency Regulations Ordinance and the mask ban may only be the first step.   


New law ‘part of a conspiracy’

Key takeaways from the press conference by Carrie Lam and her officials:

She did not seek approval from Beijing for the anti-mask law, and "had absolutely no interaction with any central officials on this matter" during a recent trip to Beijing.
According to Lam, the new legislation is a step towards solving the situation, which is hindering the rule of law and business, as Hong Kong needs a stable environment.  
Lam says the decision is not easy, but it does not mean Hong Kong is in a state of emergency.
She repeatedly refuses to go into the details of other applications of the emergency law, such as whether certain websites or apps could be banned. Lam only says the government has to think of more solutions if violence continues.
She says she has not read the report on Malaysian Prime Minister Mahathir Mohamad calling for her to step down, but she maintains that her resignation would not solve the city’s problems.
Lam concedes it is difficult to estimate how the mask ban will influence the level of violence.

