header-logo header-logo

23 January 2020 / Dr Ping-fat Sze
Issue: 7871 / Categories: Features
printer mail-detail

Hong Kong’s anti-mask law: what next?

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 for identification purposes.

Amid scathing criticisms from Beijing authorities, however,

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll