HKSAR justice secretary says due consideration given to human rights in devising anti-mask regulation

HONG KONG - The secretary for justice of the Hong Kong Special Administrative Region (HKSAR) government stressed on Sunday that the anti-mask regulation will help reduce act of violence and in devising the new regulation the HKSAR government has given due consideration to human rights guarantees.

In a blog article published on the website of the HKSAR government's Department of Justice, Secretary for Justice Teresa Cheng said that in devising the Prohibition on Face Covering Regulation, the government has given due consideration to the human rights guarantees in the Basic Law and the Hong Kong Bill of Rights Ordinance, including the rights on the freedom of expression, peaceful assembly and privacy.

"However, these rights are not absolute, and may be subject to restrictions that satisfy the proportionality test including whether a reasonable balance has been struck between the societal benefits of the encroachment and the inroads made into the constitutionally protected rights of the individual," she pointed out.

The new measure would not deprive the right to freedom of expression and peaceful assembly as people are still free to participate in lawful and peaceful public order events without face covering. If a member of the public in a public place is asked by police officers to remove the face covering to verify his identity, he may wear it again after the verification process is completed, said Cheng.

"Interference with a person's rights is minimal, and in any event proportionate to the legitimate aim of protecting public safety and public order," she said.

Other than the specified circumstances set out in the new regulation, people are generally free to wear face masks and the impact on their daily lives is limited, she added.

The secretary for justice also clarified that in enacting the anti-mask regulation, there is no issue of the Legislative Council being circumvented. "The new regulation, which is a piece of subsidiary legislation, is made pursuant to the Emergency Regulations Ordinance and has to be laid on the table of the Legislative Council which may by resolution amend the regulation," she said.

Cheng pointed out that prohibiting persons from using face covering would facilitate police investigation and administration of justice and would as well deter them from acting in an unlawful manner on the basis that they may act with impunity by concealing their identity.

"The protests and confrontations have continued for almost four months. We hope that the new measure could help curb the spread of violence and restore social order. We also urge the understanding and support of the public in our work," she said.