Court suspends for seven days ruling that Hong Kong mask ban is unconstitutional but warns measure remains invalid
- Decision comes just days after court’s ruling drew stern remarks from Beijing, seen by critics as a move to exert pressure on Hong Kong’s independent judiciary
A Hong Kong court on Friday suspended for seven days a ruling that the government’s face mask ban was unconstitutional, but warned the measure used to curb social unrest remained invalid.
While police could in theory continue to make arrests, they would be doing so at their own risk as the suspension was not “a source of authority for the government to continue to act in pursuance of the laws declared by the court to be invalid”, the High Court said.
Lawyers acting for those arrested for wearing masks during public assemblies were also expected to deploy the court’s reasoning to fight for their clients’ release against police, “leading to even more uncertainty and chaos”, because the judgment only suspended the conclusion, the court said.
It granted a temporary suspension order until November 29, by which time the government was expected to appeal against the original ruling that enacting the mask ban by invoking a colonial-era emergency law was unconstitutional.
On Thursday, the Department of Justice, which argued on the government’s behalf that the ban was necessary, asked for either a longer suspension order or a validity order, which required the court to declare both the mask ban and the use of the emergency law were valid.
