China concern over anti-mask ruling by HK high court
Print Edition
CHINA’S top legislature has expressed strong dissatisfaction at Hong Kong’s High Court ruling that the Emergency Regulations Ordinance is “incompatible” with the Basic Law.
The Standing Committee of the National People’s Congress is the sole legislative body that can make judgments and decisions over whether a law of the Hong Kong Special Administrative Region is in accordance with the Basic Law, said Zang Tiewei, spokesperson for the Commission of Legislative Affairs of the NPC yesterday.
Nobody else has the right to make such judgments and decisions, Zang pointed out.
The Emergency Regulations Ordinance, introduced by the former British colonial government in 1922, empowers the city’s Chief Executive to “make any regulations whatsoever” on “occasions of emergency or public danger.”
Chief Executive of the HKSAR Carrie Lam in October introduced a face mask ban to “create a deterrent effect against masked, violent protesters and rioters.”
Beijing has voiced support for Lam’s move, calling it necessary to fight and end violent criminal acts and restore social order.
“In the past four months, almost all protesters who carried out vandalism and violence had their faces covered. And the purpose was to hide their identity and evade the law, and they have become more and more daring,” Lam said when introducing the ban on October 4.
According to the NPC official, the laws that were in force in Hong Kong before its return to China shall be maintained under Article 8 of Hong Kong’s Basic Law, except for any that contravene the Basic Law and are subject to any amendment by the legislature of the HKSAR.
Zang added that the Emergency Regulations Ordinance had already been adopted as a law at the 24th session of the eighth NPC Standing Committee on February 23, 1997.
The central government echoed, reiterating support for Lam’s mask ban.
“It has played an active role in anti-violence efforts since the introduction of the regulation,” said Yang Guang, spokesperson for the Hong Kong and Macau Affairs Office of the State Council yesterday.
The ruling of HKSAR High Court explicitly challenged the authority of the Standing Committee of the NPC, as well as the administrating power of the chief executive granted by the law, Yang noted, noting that this might bring a serious negative social impact to the Hong Kong society.
“We will keep a close eye on what will happen next,” Yang said.
Hong Kong police have stopped enforcing the anti-mask law after the High Court’s ruling on Monday.
The administrative, legislative and judicial organs of the HKSAR should respect relevant decisions of the NPC Standing Committee when fulfilling their responsibilities and exercising their powers in accordance with law.
‘Twisted the law’
Some legal experts believe the ruling by Hong Kong’s High Court has hindered efforts to curb violence, “twisted the law” and challenged the national sovereignty.
“I think the ruling has twisted the law,” said Yao Guojian, director of the Institute of Constitutional Law at China University of Political Science and Law.
Lawrence Ma, chairman of Hong Kong Legal Exchange Foundation, said the police can no longer arrest violent protesters who wear masks after the ruling and he believes there will be more rioters at large.
“That will impact the effort to stop violence in Hong Kong,” Ma stressed.
The view is shared by Wu Yingpeng, a Hong Kong-based barrister. Wu said it will become more difficult for the police in Hong Kong to enforce laws without the anti-mask regulation.
HKLEF Secretary General Dr Willy Fu said the ruling has serious negative impacts on the efforts to end violence and chaos, adding that it has weakened the HKSAR government’s power of governance and “challenged the sovereignty of the nation.”
- About Us
- |
- Terms of Use
- |
-
RSS - |
- Privacy Policy
- |
- Contact Us
- |
- Shanghai Call Center: 962288
- |
- Tip-off hotline: 52920043
- 沪ICP证：沪ICP备05050403号-1
- |
- 互联网新闻信息服务许可证：31120180004
- |
- 网络视听许可证：0909346
- |
- 广播电视节目制作许可证：沪字第354号
- |
- 增值电信业务经营许可证：沪B2-20120012
Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.
