Hong Kong retains face mask ban even amid COVID-19 crisis

As COVID-19 has penetrated the global society, protests that were peaking last year have come to a halt.

One of the major protests that happened included Hong Kong, where face masks became a symbol of defying the authority.

However, as protests became violent and the crackdown too, the Hong Kong government invoked a British-era law to ban face masks in the city. This did not stop the protestors from donning masks and protesting further.

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As China recovers from the coronavirus outbreak, experts have been advocating for compulsory mask use.

But the appeal court which invoked the law has decided to keep it in place, even during a grave health crisis.

The ban, which was introduced in October has remained in place until now, with fears of protests embedded into the government’s mind.

The court recently claimed that colonial-era could be used in the times of emergency, and to ensure public safety. It added that the ban on masks was constitutional if the gathering was unlawful. Additionally, it added that banning masks at lawful gatherings and police forcing to remove it was unconstitutional.

Carrie Lam, the Chief Executive invoked the emergency law by citing the protests as a state of “public danger”.

“The violence and damage are mostly caused by protesters wearing masks and dressed in black outfits,” the court jugdement said.

“At the same time, it is a common phenomenon that many other protesters participating in public assemblies and processions who are not involved in violence are also wearing masks and dressed in black outfits”, it added.

The judgement further deemed Lam’s action as “nothing objectionable” while adding that she was “evidently the only suitable person to make the call”.

“That said, it does not follow that the CE could act freely without any rein as she wishes,” it added.

“Total ban of facial coverings from all public demonstrations, processions and gatherings cannot pass the test of reasonable necessity even in the context of the public danger in which the [anti-mask law] is meant to address,” the judgment said.

However, the court added the powers granted to the police to physically remove masks was unconstitutional, considering they already have the power to seek the identification of suspects.

The protests that took the city by storm were pro-democracy in nature. However, in November, the high court found the use of such colonial-era legislation was unconstitutional, which stirred anger within Beijing.

As part of China’s “one country, two systems” framework, Hong Kong shall enjoy semi-autonomy from China until 2047.

So far, over 600 people in the city have been arrested due to the law, with sixty-one being charged. The maximum penalty was one year in prison or a fine of HK$25,000.

In view of the ongoing health crisis, many believe that the law should be relaxed.