High Court To Rule On Injunction Over Mask Ban

The High Court will this morning consider whether to grant an interim injunction to suspend the ban on wearing masks during protests, which the government imposed by triggering the colonial-era Emergency Regulations Ordinance.

All 24 pan-democratic lawmakers have filed the application, and they've also lodged a judicial review to challenge the ban.

The court earlier refused activist Lester Shum's application to grant an interim injunction - minutes before the anti-mask regulation came into effect on Saturday.

Shum and Leung had argued that the mask ban would constitute “disproportionate interference” with the right to peaceful assembly and the freedom of expression.

Speaking before the hearing, legal sector lawmaker Dennis Kwok says this is a fight between the rule of law and authoritarianism.

"This is one of the most important constitutional cases in the history of Hong Kong. Are we facing authoritarianism, when the government can say whatever is law, is law? And that whatever that will apply, will apply? And we say when it will be repealed, it will be repealed?

"Or is the case that Hong Kong still has the rule of law? That we are still governed by the rule of law and the common law principle of the separation of power. And that is why the legislative councillors are asking the court to make a determination on the legislative role of the Legislative Council, as embedded under the Basic Law and common law principles."