Hong Kong anti-mask law: government starts appeal against court’s decision to declare the ban unconstitutional
- Government argues at Court of Appeal the mask ban was justified because of the ongoing danger to the public from the protests
- Lawyer for the administration says lower court failed to fully consider threats to public safety when it declared the move unconstitutional
The Hong Kong government began its appeal on Thursday against a court’s decision to strike down its anti-mask law by arguing the legislation was justified given the ongoing threat from protests.
Benjamin Yu SC said the lower court had failed to fully consider the public danger facing Hong Kong when it ruled the mask ban unconstitutional as a way of curbing unrest, even as radical protesters with their faces covered attacked civilians, property and police.
Opening the two-day hearing at the Court of Appeal for the government, Yu said: “That was the daily routine in Hong Kong … Yesterday in Tseung Kwan O, we still had the same problem.”
Yu acknowledged the mask ban might have left some, including sexual minorities, aggrieved because they could not wear masks to protect their identities even at lawful rallies.
But he urged three appeal judges – chief judge of the High Court Jeremy Poon Shiu-chor and Justices Johnson Lam Man-hon and Thomas Au Hing-cheung – to also consider the interests of the wider public.