Court rejects bid to suspend anti-mask law

Measure seen as 'step in right direction' to quell violence by rioters in Hong Kong

Legal experts in Hong Kong welcomed a court's decision rejecting a bid to suspend the anti-mask law, saying that the newly-enacted law is in the public interest.

The city's High Court on Sunday morning dismissed an application for an interim injunction against the ban, which was enacted by the government on Saturday. The application was filed by 24 opposition camp lawmakers.

A written judgment for the refusal will be handed down on Tuesday, while the full judicial review would be heard later this month. No definite date was given.

Benjamin Yu Yuk-hoi, a lawyer representing the Hong Kong Special Administrative Region government, told the court on Sunday that the current dire situation left the chief executive no option but to enact the law.

The government must take practical measures to control the situation, as the city has been caught in the throes of violent protests for four months, he said.

The violent acts of protesters abated on Saturday－the first day of the ban－showing the effectiveness of the anti-mask law, Yu concluded.

It was the second time the court has rejected applications for suspension of the law since the government announced the measure on Friday.

Barrister Lawrence Ma Yan-kwok said the court's ruling recognized that the mask ban was in the public interest. The court refused to issue an injunction because the plaintiffs had failed to make a strong case that the anti-mask law was unlawful, he added.

Despite being routinely referred to as "the anti-mask law", the mask ban was technically a government regulation under the Emergency Regulations Ordinance that empowers the chief executive to make any regulations "whatsoever which she may consider desirable in the public interest" on any occasion of emergency or public danger, Ma explained.

Therefore, the legal process was consistent with the Basic Law and other laws of Hong Kong, Ma stressed.

Grenville Cross, honorary professor of law at the University of Hong Kong and the city's former director of public prosecutions, welcomed the court's decision.

"The apologists for the hooligans will do whatever they can to protect them from the consequences of their crimes. We must hope that the courts will continue to see through them, and to give them short shrift," said Cross.

Cross described the law as "an important step in the right direction to deter such people from indulging in wanton criminality on streets".

During a one-on-one interview with China Daily after the special administrative region government announced the law, Cross said the nonstop violence in the past four months has shown that the traditional means of law enforcement haven't always been successful in deterring troublemakers.

The new law, which took effect on Oct 5, bans people from wearing masks at any public meeting, gathering or procession. Violators face a maximum prison term of one year and a fine of up to HK$25,000 ($3,200).

In a televised speech on Saturday, Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor said the extreme violence on Friday night had clearly demonstrated that Hong Kong's public safety is facing extensive threats, which provide the solid ground for the government to introduce the anti-mask law.

"Hong Kong is suffering unprecedented violence. The extreme acts of rioters have left a dark pall on Hong Kong and thrown the city into semiparalysis," Lam said.

During the weekend, a fresh round of violence and vandalism broke out to defy the new law. A riotous mob clad in black masks attacked various locations across the territory, including Sha Tin, Tsuen Wan, Wong Tai Sin and Aberdeen. They set fires, vandalized MTR stations, broke glass windows, hurled gasoline bombs at police officers, and attacked MTR staff and bystanders. A train in Sha Tin caught fire after being hit by petrol bombs.

Except for the Airport Express Line, all MTR train services were suspended throughout Saturday, including heavy and light rails.

The rail operator partially resumed services at 45 of its 94 stations on Sunday morning while front-line staff were still repairing damage. However, all train services ended at 9 pm for more repair work.

A series of major shopping malls remained closed on Sunday.