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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll