header-logo header-logo

Hong Kong’s anti-mask law: what next?

23 January 2020 / Dr Ping-fat Sze
Issue: 7871 / Categories: Features
printer mail-detail
14636
Dr Ping-fat Sze comments on the Hong Kong court’s compromise on the criminalisation of protest & shares his concerns about the rule of law & the future of justice

The administration of justice in Hong Kong has again hit the international headlines at the end of 2019 with the High Court suspending its earlier decision that the anti-mask law made by the Chief Executive in Council was unconstitutional and thus inoperative.

Anti-mask law

With the persistent street demonstrations, the Prohibition on Face Covering Regulation was made on 4 October 2019, pursuant to the Emergency Regulations Ordinance 1922. It created a criminal offence, punishable by a fine or imprisonment, for any person wearing a mask in public assemblies (other than for medical, religious or occupational purposes) or refusing to remove it on demand. These provisions were said to be necessary for effective law enforcement.

Upon judicial review, however, this regulation (absent the sanction of the Legislative Council) was held incompatible with the Basic Law. The measures were also deemed unnecessary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll