People free to wear masks again: govt - RTHK
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People free to wear masks again: govt

2019-11-18 HKT 16:09
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  • Scores of people have been arrested for wearing masks since the ban was imposed under emergency powers on October 5. File photo: AFP
    Scores of people have been arrested for wearing masks since the ban was imposed under emergency powers on October 5. File photo: AFP
The government said on Monday afternoon that a mask ban introduced under emergency powers will no longer be enforced, after the High Court ruled that the law imposed last month is unconstitutional.

In Legco, the undersecretary for security, Sonny Au, said the government still needs to study the judgement and seek legal advice.

But a lawyer from the Department of Justice, Vernon Loh, added in a brief statement to a subcommittee set up to discuss the controversial legislation that the anti-mask law will no longer be enforced.

The pair never took questions and the subcommittee meeting was halted immediately.

Scores of people have been arrested for wearing masks since Chief Executive Carrie Lam invoked the Emergency Regulations Ordinance to impose the ban on October 5.

The maximum punishment for those caught wearing a mask at a protest – legal or otherwise – was set at one year in prison or a fine of HK$25,000. People could also be given six months behind bars or a fine of HK$10,000 for refusing to remove a mask when ordered to do so by a police officer.

The High Court ruled on Monday that the legislation "exceeds what is reasonably necessary to achieve the aim of law enforcement, investigation and prosecution of violent protesters even in the prevailing turbulent circumstances in Hong Kong."

It added that the law "fails to strike a reasonable balance between the societal benefits promoted and the inroads made into the protected rights."