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Hong Kong’s mask ban unconstitutional say pan-democrats, as they ask High Court to overturn emergency law

  • Group of 24 politicians challenging implementation of Emergency Regulations Ordinance
  • Fight is duel between rule of law and totalitarianism, says lawmaker Dennis Kwok

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The mask ban has been in force in Hong Kong since the beginning of October and has been met with fierce resistance by anti-government protesters. Photo: Sam Tsang

Twenty-four pan-democrats have asked a Hong Kong court to tread the difficult line between law and politics to rule the government’s move of banning the wearing of masks during protests unconstitutional, because it had bypassed the legislature.

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The High Court on Thursday began a two-day hearing on two judicial review applications lodged by 23 pan-democratic lawmakers, and their former colleague “Long Hair” Leung Kwok-hung, challenging the two laws that affected a mask ban since October 5.

The highly anticipated legal challenge was presided over by justices Anderson Chow Ka-ming and Godfrey Lam Wan-ho, the same judge who previously refused these applicants’ demand for immediate interim relief that would have suspended the ban.

One applicant, legal sector lawmaker Dennis Kwok Wing-hang, said the case was very important as it involved a duel between Hong Kong’s rule of law and totalitarianism.

“Today is just the beginning,” Kwok told reporters outside court. “We know there’s a long road ahead that could go all the way to the Court of Final Appeal.”

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Lawmakers (from left) Kwok Ka-ki, Leung Yiu-chung, Gary Fan Kwok-wai, Kenneth Leung Kai-cheong, Tanya Chan, Dennis Kwok Wing-hang, Alvin Yeung Ngok-kiu, and Bottle Shiu Ka-chun outside the High Court. Photo: Xiaomei Chen
Lawmakers (from left) Kwok Ka-ki, Leung Yiu-chung, Gary Fan Kwok-wai, Kenneth Leung Kai-cheong, Tanya Chan, Dennis Kwok Wing-hang, Alvin Yeung Ngok-kiu, and Bottle Shiu Ka-chun outside the High Court. Photo: Xiaomei Chen
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