Hong Kong Bans Masks

On Oct. 4, 2019, Chief Executive of Hong Kong, Carrie Lam, announced the implementation of an emergency law to ban face masks in public assemblies. In what is essentially an anti-mask law, Lam invoked the law under the long-unused Emergency Regulations Ordinance. It will now be illegal for demonstrators to cover or hide their faces at all approved and unapproved public assemblies, rallies, and marches, as well as in unlawful assemblies and riots. The ban covers all kinds of face coverings, including face paint, and carries a penalty of a fine up and up to one year in jail. Those wearing masks for health or religious reasons, or as a requirement of their profession, are exempt from the ban. The ban marks a loss of anonymity for demonstrators, which was a key part of the protest movement. Protestors have increasingly worn masks to protect themselves from tear gas as well as hide their identities from employers, family, and police. According to the Hong Kong Free Press (HKFP) a non-profit online news website based in Hong Kong, The Civil Human Rights Front, which has acted as the organizer of recent mass marches, said the law is a threat to “personal safety and the freedoms of expression and religion.” Following incidents of excessive police force, it said that “Hong Kong police should be the first to stop wearing masks and show their identity.” In response, Secretary for Security John Lee said the Hong Kong police are exempt as “officers must have suitable protective gear,” but “when police officers execute their duties… we have ways to identify them.” In a volatile political environment, many people fear arrest or retaliation from Hong Kong and Chinese authorities in the longer term if they are identified. The controversial law has been met with fierce protests, with many saying it will be hard to enforce. 

the use of the Emergency Regulations Ordinance, rather than due legislative process, provokes worries that Hong Kong will increasingly turn into an authoritarian society

Lam was forced to implement the colonial-era law to break Hong Kong from the cycle of violence that has given rise to a state of “serious public danger.” However, the use of the Emergency Regulations Ordinance, rather than due legislative process, provokes worries that Hong Kong will increasingly turn into an authoritarian society, allowing the executive branch to erode people’s freedoms without the legislature’s monitoring. The Emergency Regulations Ordinance was introduced in 1922 and last invoked in 1967, when Hong Kong faced citywide riots. The ordinance grants the city’s leader the “authority to make any regulations whatsoever which he [or she] may consider desirable in the public interest” in case of “emergency or public danger.” This move is seen by protesters, rights groups and academics as an abuse of power.

In a press conference introducing the ban, Lam insisted that Hong Kong is not in a state of emergency but is in a state of serious public danger. Hong Kong has faced protests and an increasingly “chaotic and panic situation” for the past four months. The protest movement began in opposition to an extradition bill (now withdrawn from the legislature), which would have allowed China to extradite suspected criminals to the mainland. The bill lacked safeguards and could not guarantee fair trials to suspects. Hong Kong is administratively, economically, and socially separated from mainland China as a special administrative region. With a long history of colonial rule, the former British colony was handed back to China in 1997 under the one country, two systems principle. This agreement guarantees Hong Kong some autonomy from China, including an independent government and judicial system, and its people certain civil rights that are different from China, including freedom of assembly and freedom of speech. These freedoms, known as the Basic Law, expire in 2047, at which point Hong Kong will lose its autonomy. The bill heightened tensions between Hong Kong and Beijing, which has been perceived as trying to increase its control over the region. Hong Kong has seen a rise in anti-mainland China attitudes recently with activists calling for independence. Carrie Lam has faced accusations of being a puppet of the Beijing government. Since the cancellation of the extradition bill, the protests have widened into pro-democracy and anti-police demonstrations, with calls for police accountability, amnesty for those arrested since June, and other community grievances.

Lam said on Friday “violence had been escalating to alarming levels”

This news came shortly after Hong Kong’s most violent day of protests on China National Day, a celebration that marked 70 years of Communist party rule in China. Fifty-one people were injured, including an 18-year-old who was shot with live ammunition (previously, Hong Kong police have only fired live rounds in warning). The clashes between police and activists have resulted in injuries on both sides, with police and protestors attacking in increasingly violent ways. The use of tear gas and water cannons by police has been met with protestors throwing bricks, firebombs, and other objects. A journalist suffered an eye injury when shot with a bean bag round by police in August. The city has suffered defacement and destruction of buildings and property, as well as disruption of train and air travel. Lam said on Friday “violence had been escalating to alarming levels,” and that “as a responsible government, we have the duty to use all available means in order to stop the escalating violence and restore calmness in society.” Lam stated in the press conference that “freedoms are not without limits,” and harsher measures could be on the table if the protest movement continued. 

In opposition to the ban, thousands of masked protestors took to the streets on Sunday, Oct. 6. Flooding the central business district, pro-democracy activists held up five fingers for five demands, shouting and chanting “Hong Kong people, resist!” 

The regulation targets rioters or those who resort to violence. Lam’s administration believes that, while the new law will not stop people from taking to the streets, it will deter masked violent protesters and rioters. On Friday, justice chief Teresa Cheng said, “the legislation will not affect Hong Kongers’ freedom of assembly, as they can still exercise their rights when not wearing masks.” Cheng views the restriction as a “proportionate” under the law, saying it has “struck a balance” between Hong Kongers’ rights and the need to help police enforce the law. The China director at Human Rights Watch, Sophie Richardson, said that Hong Kong authorities “should be working to create a political environment in which protestors do not feel the need for masks,” rather than “deepening restrictions of freedom of expression.” At least 15 countries in North America or Europe have imposed legislation banning people from wearing masks, including the United States, Canada, Germany, and France. Unlike Canada, where it is illegal to wear masks during riots or unlawful assemblies, the Hong Kong law applies to lawful assemblies as well. When legislative council resumes on Oct. 16, the regulation will be tabled in the legislative council for members’ discussion, where it may then be amended or struck down.