Anti-mask law to quell Hong Kong protests ruled unconstitutional by High Court
- Judges find government’s use of emergency legislation for mask ban ‘incompatible with the Basic Law’
- Mainland Chinese legal experts float possibility of another legal interpretation by Beijing
A Hong Kong court has ruled in favour of pan-democrats in declaring the government’s mask ban unconstitutional in a decision that forced police to halt law enforcement while legal experts in mainland China floated the possibility of another legal interpretation by Beijing.
Two High Court judges on Monday ruled that the emergency legislation that brought the ban on face coverings in public places into effect last month was “incompatible with the Basic Law” when used in times of public danger as seen in the present case. They also found the new law had imposed invalid restrictions on fundamental rights and freedoms.
The ruling by justices Anderson Chow Ka-ming and Godfrey Lam Wan-ho, in favour of the 25 pan-democrats who applied for judicial review, dealt a blow to the beleaguered city government. Police announced they would stop enforcing the ban for now, while prosecutors sought adjournment “to consider the situation”.
Legal experts were divided, some calling the judgment an important recognition of Hong Kong’s constitutional framework, while those on the mainland expressed concerns that the court might have sent the wrong signal to the radical protesters, floating the idea of Beijing interpreting the Basic Law again.
The judges will hear further submissions on Wednesday morning to decide the appropriate relief and costs.
The high-profile constitutional challenge centred on the colonial-era Emergency Regulations Ordinance and its derivative, the Prohibition on Face Covering Regulation, introduced by the government on the grounds of “public danger” in a bid to quell a wave of protests sparked nearly six months ago by the now-withdrawn extradition bill.