Room For Demonstrators In More Difficult Action, Hong Kong Court Bans Mask Use

Photo illustration (Larry Costales / Unsplash)

JAKARTA - Hong Kong's highest court ruled that the government has the right to ask emergency powers to ban the wearing of masks in all processions and public gatherings at the height of the 2019 protests. During the anti-government protests that have largely died down, many protesters wore masks to hide their identities. from the authorities and protect yourself from tear gas.

Quoting Reuters Monday, December 21, the Final Court of Appeals went a step further than a lower court ruling in April that upheld the government's right to enforce emergency measures. But the court also ruled the ban on wearing masks was unconstitutional.

Opposition lawmakers and activists then submitted a judicial review of the Anti-Mask Law. Enacted the Anti-Mask Law ended the controversy surrounding the government's move to quell anti-government protests by implementing the colonial-era Emergency Regulation (ERO) Law on October 5 to prohibit face-covering during demonstrations, regardless of whether or not there was violence.

But the move prompted 25 opposition lawmakers, who have either resigned or been overthrown to file a review to challenge possible violations of civil liberties as well as the legality of colonial-era laws that allowed the government to pass the Legislative Council.

Speaking outside the court, deposed lawmaker and veteran opposition activist Leung Kwok-hung, expressed his disappointment. He claims the judiciary is under great pressure and he said the safeguards show the increasingly real grip of China on Hong Kong.

Since 2019, the ban on the use of masks under the Emergency Law has been stipulated as a rule inconsistent with the Basic Law (UUD). In addition, in their consideration the judges also considered that the ban was an excuse for the police to forcefully remove medical masks, including those who did not participate in the protests.

However, the Hong Kong government maintains that the issuance of the emergency law makes sense. According to them, the Constitution has never prohibited the Legislative Council from authorizing the executive to make emergency regulations. The Hong Kong government also sees the Anti-Mask regulations as having a real impact.

The issuance of the emergency Anti-Mask Law in 2019 was said to be part of an effort to reduce the wave of protests which at that time were intensively protesting the Extradition Bill. One of Hong Kong's most prominent democracy activists, Joshua Wong, was arrested for allegedly violating the anti-mask law. His participation in anti-government protests in 2019 is also considered a violation of the law.

In addition, wearing face masks, such as masks, has long been commonplace in Hong Kong when people are sick. The use of masks is getting more massive when there is a mandate to use masks by the Hong Kong Government to reduce the spread of COVID-19.