Hong Kong leader uses colonial-era emergency law to ban wearing masks at protests
Hong Kong (CNN)Hong Kong's leader invoked rarely-used emergency powers to ban people from wearing face masks during public assemblies, a move that enraged thousands of protesters who marched through streets across the territory on Friday night.
The city's major transport network MTRsuspended all of its operations after demonstrators vandalized a number of areas within Hong Kong -- from train stations to shopping malls and banks.
The mask ban comes into effect on October 5, Chief Executive Carrie Lam announced at a press conference Friday, following a special meeting of her cabinet, the Executive Council.
The embattled leadersaid the order to enact the "Prohibition On Face Covering Regulation" was a "necessary decision" but insisted it does not mean Hong Kong was in a state of emergency.
"We are now in a rather extensive and serious public danger. It is essential for us to stop violence and restore calm to society as soon as possible," she said. "We believe the new law will create a deterrent effect against masked protesters and rioters."
Lam said she won't set a date to nullify the anti-mask law.
The vast majority of people who have attended the city's recent pro-democracy demonstrations do so wearing masks to hide their identity, fearful that they could be arrested or targeted by police. Gas masks and respirators to protect against tear gas, which is often used by authorities to disperse unauthorized gatherings, have also become commonplace.
In order to enact such a ban the Chief Executive Office will invoke the city's colonial-era Emergency Regulations Ordinance, which grants the government sweeping emergency powers.
Pro-democracy demonstrators hold up their hands to symbolize their five demands during a rally against a government ban on protesters wearing face masks in Hong Kong on Friday, October 4.
Protesters throw petrol bombs at the gate to the Tsuen Wan police station on Wednesday, October 2, in response to the police's use of live ammunition during clashes with demonstrators in the Tsuen Wan district the previous day.
Schoolmates of a student who was shot in the chest by police during violent pro-democracy protests on October 1 place their hands on their chests during a protest in Hong Kong on Wednesday.
A young protester was shot Tuesday, October 1, as violent protests erupted across Hong Kong on the 70th anniversary of the People's Republic of China. The incident marked a major escalation in violence that could galvanize the protest movement in Hong Kong.
Police detain an anti-government protester in Hong Kong, October 1. Thousands of black-clad protesters marched in central Hong Kong as part of multiple pro-democracy rallies Tuesday as the party celebrated its 70th year of rule.
Black-clad protestors stand surrounded by smoke from tear gas shells on October 1.
Marching anti-government protesters are seen through a window with peeled off posters on October 1.
Police tackle and arrest pro-democracy protesters during clashes in Wan Chai on October 1.
A protester is seen carrying rocks on a street in the Sha Tin district of Hong Kong on October 1. While events in Beijing were being held to mark the 70th anniversary of the founding of the People's Republic of China, demonstrators rallied throughout Hong Kong as the pro-democracy movement enters its fourth month.
Protesters react after police fired tear gas near the central government offices in the Admiralty area of Hong Kong on October 1.
Pro-democracy protesters form a "Pepe the Frog" themed human chain in Hong Kong on Monday, September 30.
A man is detained by Hong Kong police during a protest in the Causeway Bay shopping district on Sunday, September 29.
Riot police arrive after protestors vandalize in Hong Kong on September 29.
Passengers look out from a bus at a burning barricade lit by pro-democracy protesters during a gathering in front of Mong Kok police station on Sunday, September 22, in Hong Kong, China. Pro-democracy protesters have continued demonstrations across Hong Kong, calling for the city's Chief Executive Carrie Lam to immediately meet the rest of their demands, including an independent inquiry into police brutality, the retraction of the word riot to describe the rallies, and genuine universal suffrage, as the territory faces a leadership crisis.
Pro-democracy protesters sing songs and chant slogans during a rally inside a shopping mall in Shatin on September 22.
An anti-government protester throws a Molotov cocktail during a demonstration near Central Government Complex in Hong Kong on Sunday, September 15.
A pro-China supporter, center, is escorted by police after confronting journalists in Hong Kong, on September 15.
Pro-government and anti-government supporters chant against one another at a shopping mall in Hong Kong on Friday, September 13. The sign translates to "Stop violence and curb chaos; safeguard Hong Kong."
Demonstrators hold up their cell phone lights as they form a human chain at the Peak, a tourist spot in Hong Kong, on September 13.
Police escort an injured man after he attacked protesters outside Prince Edward station in Hong Kong on Friday, September 6.
Protesters burn paper money to pay their respects to injured protesters.
Protesters prepare to clash with police outside the Mong Kok police station on September 6.
A protester is detained by police at the Po Lam Mass Transit Railway station on Thursday, September 5.
A man watches televisions at a store in Hong Kong as Chief Executive Carrie Lam announces the withdrawal of the extradition bill on Wednesday, September 4.
A woman gets emotional on September 4 while paying her respects to protesters who were injured a few days earlier.
Demonstrators travel through a railway station during a rally on Tuesday, September 3.
Students wearing gas masks and helmets hold a banner that reads "five major demands are indispensable" at St. Francis' Canossian College in Hong Kong.
Protesters gather in the bus terminal at Hong Kong International Airport on Sunday, September 1. Hundreds of pro-democracy activists attempted to block transport routes to the city's airport.
A passenger walks to the airport on September 1 as pro-democracy protesters blocked a road outside the airport.
A protester uses a slingshot outside the Central Government Complex during clashes with police on Saturday, August 31. Thousands of pro-democracy protesters held an anti-government rally one day after several leading activists and lawmakers were arrested in a sweeping crackdown.
Protesters light a Molotov cocktail on August 31.
Police officers move forward during clashes with protesters on August 31.
Protesters take cover as policemen fire blue-colored water on them. Blue dye can be used to stain and identify masked protesters.
A surveillance camera is covered with white paint during protests.
An overhead view shows protesters reacting after police fired tear gas on August 31.
Pro-democracy activists Agnes Chow and Joshua Wong speak to the media after they were released on bail at the Eastern Magistrates Courts on Friday, August 30. They were arrested earlier the same day in a dragnet across Hong Kong.
Protesters clash with police after a rally in Hong Kong's Tsuen Wan district on Sunday, August 25. It was one of the most violent nights seen in Hong Kong since mass protests began in June.
A police officer aims a gun in front of a protester on August 25.
Some protesters shine laser pointers at police lines on August 25.
Protesters and police clash on Saturday, August 24.
Protesters pick up bricks to be used as projectiles on August 24.
Police retreat after clashing with protesters on August 24.
People link hands as they gather at the Tsim Sha Tsui waterfront on Friday, August 23. Protesters formed a human chain across Hong Kong in a show of solidarity.
Cell phones shine from the top of Lion Rock on August 23.
Protesters march under umbrellas on Sunday, August 18.
Tens of thousands of protesters showed up in the streets on August 18.
A protester participates in a march on Saturday, August 17. His eye is covered with red gauze, referencing a woman who was allegedly shot in the eye with a beanbag round during clashes between protesters and police.
Protesters react after police fired tear gas to disperse a demonstration at the Sham Shui Po police station in Hong Kong on Wednesday, August 14.
Protesters point lasers at the Sham Shui Po police station on August 14.
A police officer falls over an airport luggage trolley during a scuffle with pro-democracy protesters on Tuesday, August 13. For two days, protesters flooded the airport. Check-ins were suspended and dozens of outgoing flights were canceled.
Police use pepper spray to disperse protesters at the airport on August 13.
Police and protesters clash at the airport on August 13. The violence came after Hong Kong's Airport Authority announced that all check-in services would be suspended for another night because of terminal operations being "seriously disrupted."
A traveler passes her luggage to security guards as she tries to enter the departures gate.
A display board shows canceled flights on August 13.
Anti-government protesters stand at a barricade made of luggage trolleys during a demonstration at the airport on August 13.
Medics look after a woman who received a facial injury during clashes on Sunday, August 11.
A pro-democracy protester is held by police outside the Tsim Sha Tsui police station on August 11.
Police fire tear gas at protesters during a demonstration in the Wong Tai Sin District on Monday, August 5.
A train passenger gestures toward a protester, right, who was preventing the doors of a train from closing on August 5. The protester was trying to disrupt Hong Kong's morning rush-hour commute.
A man lies down on an underground train during a protest on August 5.
A man comforts his pregnant wife near a train platform after protesters blocked the train doors on August 5.
A protester stands in tear gas during a confrontation with police in the early hours of Sunday, August 4.
A Chinese flag floats in water after it was thrown by protesters during a demonstration on Saturday, August 3.
A protester sprays paint on a wall on August 3.
Members of Hong Kong's medical sector attend a protest in Edinburgh Place on Friday, August 2.
The emblem on the China Liaison Office is protected by plexiglass during a demonstration on Sunday, July 28.
A protester flees from baton-wielding police in the Yuen Long district of Hong Kong on Saturday, July 27.
A protester looks through umbrellas during the clashes with police on July 27.
Travelers watch as protesters rally at Hong Kong's international airport on Friday, July 26.
Protesters clash with police on Sunday, July 21.
Masked men in white T-shirts are seen after attacking anti-extradition bill demonstrators at a train station in Yuen Long.
Medical workers help a protester affected by tear gas on July 21.
The office of pro-Beijing lawmaker Junius Ho was trashed by protesters in Hong Kong's Tsuen Wan district.
Police officers use pepper spray to disperse protesters after a rally in the Sheung Shui district on Saturday, July 13.
A demonstrator sprays paint inside a chamber at Hong Kong's Legislative Council building, where protesters forced their way in on Monday, July 1.
The meeting hall of the Legislative Council is taken over by demonstrators on July 1.
A protester smashes a window of the Legislative Council building.
Columns of sunlight are cast on a crowd during the march on July 1.
Helicopters carrying the flags of China and Hong Kong fly over demonstrators on July 1.
Pro-democracy lawmaker Roy Kwong rallies demonstrators with a megaphone on July 1.
A police officer uses pepper spray during a clash with protesters on July 1.
A protester wearing a T-shirt with the word "revolution" walks past an inscription on a road that reads "Long Live HK."
Police detain protesters near the government headquarters in Hong Kong on July 1.
An overhead view shows thousands of protesters marching through a Hong Kong street on Sunday, June 16.
Protesters run after police fired tear gas on Wednesday, June 12.
Protesters face off with police during the rally on June 12.
By the morning of June 12, tens of thousands of mainly young people had arrived in the area, blocking streets and bringing central Hong Kong to a standstill.
A demonstrator holds a sign during the June 12 rally.
Police officers charge toward protesters during clashes on Monday, June 10. It was a continuation of protests that started the day before.
Protesters hold pictures of Hong Kong Chief Executive Carrie Lam on Sunday, June 9.
Protesters on June 9 waved placards and wore white -- the designated color of the rally. "Hong Kong, never give up!" some chanted.
Students wear chains during a demonstration on Saturday, June 8.
The legislation has not been used in more than half a century and gives Lam the power to bypass the city's legislature to "make any regulations whatsoever which he (or she) may consider desirable in the public interest." Lam said the new law was subsidiary legislation and so will be debated by the Legislative Council -- where pro-government parties hold a majority -- when they meet later this month.
Introduced in 1922, the law was last used in 1967 during the leftist riots, that were followed by a campaign of terrorist bombings across Hong Kong and pitched battles between protesters and police. Fifty-one died throughout the turmoil, including 10 police officers.
The new law bans people from wearing facial coverings that obscure their identity, including paint, at unauthorized or authorized protests, or public processions. Those found guilty face up to a year in prison and a HKD $25,000 ($3,100) fine.
Lam said the regulation contains exemptions for people who do have legitimate reasons to wear face coverings -- such as for religious, medical, or professional purposes.
Defiant protesters
What originally started out as a peaceful march descended into chaos on Friday evening -- with MRT stations being burned, the Bank of China set on fire and police being attacked in the streets.
A statement from Hong Kong Police said an angry mob of protesters had thrown petrol bombs at a police officer, before trying to take his pistol which had dropped on the ground.
Protesters vandalized a number of areas in Hong Kong on Friday night.
Police said the incidents "poses a serious threat to public peace and order," and that officers will deploy "appropriate force to disperse the rioters."
Tear gas was deployed across Hong Kong to disperse the crowds, but fires continue to rage on throughout the territory.
In response to the escalation in violence, MTR spokesperson Brian Chow confirmed that all rail and subway transport services had been shut down.
Chow said there was no plan to re-open the stations at this stage, and that the MTR was "still analyzing" the number of stations that were set ablaze.
The closure affects 161 stations across Hong Kong.
All masked protesters risk being arrested from midnight on Friday, once the emergency law comes into effect. If arrested, they could face a year in prison.
Mounting pressure
Lam is facing mounting pressure to end the ongoing protests, which are set to enter their 18th weekend. Protests in the semi-autonomous city have grown increasingly violent since they began in early June.
Lam said that "rioters are attacking different parts of Hong Kong, wreaking terror" and that everyday life had been affected.
Hong Kong's Secretary of Justice John Lee said at the press conference Friday that protesters acted more aggressively when they wore masks and it allowed those committing criminal acts to escape legal action.
"We can see that almost all violent protesters are masked to avoid police arrests and legal consequences, so they could assault people with different opinion, vandalize shops and MTR stations," Lee said.
But critics say the law would set a dangerous precedent and pave the way for harsher regulations.
Jason Ng, convenor of the Progressive Lawyers Group, said the "most troubling aspect of the mask ban is the slippery slope argument."
"This time it is a ban on masks, next time it can be a curfew or martial law," he said.
"The Emergency Regulations Ordinance grants extensive powers for the Chief Executive to pass measures on the vague grounds of 'public emergency' and 'serious public disorder.' These are not defined terms and can be interrupted broadly. Even more dangerously, there is no telling when these circumstances will cease to exist."
Ng added that the ban "will have a chilling effect on the more moderate participants from participating."
The Civil Human Rights Front, whose marches have attracted hundreds of thousands of people, said the anti-mask law would "further suppress citizens and aggravate the contradiction between society and the political power, further pushing Hong Kong into the abyss."
"Many citizens, including but not limited to grassroots workers, whistleblowers from different sectors and people of different sexual orientations, prefer to wear masks when they speak at public assemblies, in order to avoid discrimination against their identity and political consequence they would face," the group said in a statement.
Critics say the law would set a dangerous precedent.
However Chinese state media CCTV published a statement from the Hong Kong Macao Affairs office which said "under the current circumstance, it's legitimate and reasonable for the SAR government to adopt the anti-mask law, and it is crucial."
Spokesman Yang Guang added that "it won't undermine all the rights that Hong Kong people have enjoyed, including the freedom of assembly and demonstration."
Speaking to CNN last week, a senior adviser to Hong Kong leader Carrie Lam -- who spoke on background to be candid about government thinking -- said they were concerned that any declaration of an emergency by the Hong Kong government could enable Beijing to intervene. The laws which cover the central government doing so are all structured around an emergency situation.
"Declaring an emergency would bring on so much opposition from everywhere, bring you a step closer to Beijing intervention," the adviser told CNN. "If we ourselves declare there is a state of emergency we're halfway there."
Lam however, insisted Friday that Hong Kong was not under a state of emergency.
The announcement comes after an officer fired a live round into a protester for the first time Tuesday, when thousands took to the streets as Beijing celebrated the 70th anniversary of the founding of the People's Republic of China.
The day was marked by violent pitched battles that saw black-clad protesters hurled petrol bombs, set fire to subway station entrances and trash cans, and vandalized government and public buildings. Police responded using tear gas, rubber bullets, water cannons and arresting 269 people.
The teenage protester who was shot is under arrest for assaulting a police officer and could face further arrests for rioting, a source told CNN. He is in stable condition the Queen Elizabeth Hospital's media department said Wednesday.
The political crisis began after hundreds of thousands took to the streets to oppose a controversial bill that would have legalized extradition from Hong Kong to mainland China. The city's leader, Carrie Lam, has promised to withdraw the bill once the city's legislature resumes. But the movement has snowballed into a grassroots, decentralized crusade for universal suffrage and independent inquiries into alleged police misconduct.
In total since the anti-government protests began in June, 1,100 people have been injured, including 300 police officers, Lam said.
This story has been updated.
Post a Comment