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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll