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

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll