High Court rules mask ban is unconstitutional - RTHK
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High Court rules mask ban is unconstitutional

2019-11-18 HKT 12:55
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  • High Court rules mask ban is unconstitutional
    High Court rules mask ban is unconstitutional
The High Court on Monday ruled that the mask ban introduced by the government under emergency powers last month is unconstitutional.

The ruling that the anti-mask law is incompatible with the Basic Law follows a judicial review brought by 24 pro-democracy lawmakers over the highly controversial move.

The High Court said the mask ban is unconstitutional because the restrictions it imposes on people’s fundamental rights are more than what is necessary.

"We should also make it clear that it is not our judgement that [an] “anti mask” law is generally objectionable or unconstitutional. Its validity must, however, depend on the details of the legislation and the particular societal aims sought to be pursued by the measure being brought in through the legislation," judges Godfrey Lam and Anderson Chow said.

Under the new law, wearing a mask at any kind of assembly was made illegal.

The police had also been given the power to order people to remove masks at anytime and at any location.

Pro-democracy legislators had framed their legal battle over the mask ban as a fight between the rule of law and authoritarianism.