Hong Kong’s embattled government had appealed to uphold a controversial ban on masks
Hong Kong’s embattled government will know on Thursday the outcome of its appeal to uphold a controversial ban on masks, which was introduced at the height of the civil unrest last year but later ruled unconstitutional by the court.
He said the law stipulated that people could raise the defence of health purposes to justify wearing masks, though other legal experts feared it might cause confusion. Barrister Gerard McCoy SC, who specialises in public law, said the Court of Appeal’s decision on Thursday would not affect social-distancing measures because they were based on public health legislation involving pandemics and safety issues.
The ban was set by invoking the colonial-era Emergency Regulations Ordinance , with the government categorising the increasingly violent protests then as a state of “public danger”. Barrister Benjamin Yu SC, for the government, explained at the time that wearing a mask for health reasons would be a legitimate defence, adding that the surgical masks used by people who felt sick were often different from full respirators found on some protesters, who used their version to fend off tear gas fired by police.
Mask ban lifted: court refuses government request to suspend earlier rulingHe said that, in theory, there should be no conflict because joining an assembly in a mask was no longer possible, given the government had banned any gatherings of more than four people. “But practically speaking, many ordinary people may not understand this fine distinction and become rather confused on whether the government wants them to wear masks,” Young added.
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