Hong Kong's High Court has just ruled that the government's controversial anti-mask law is unconstitutional -- six weeks after it was first introduced.

The ban was introduced on Oct. 5, as part of the Emergency Regulations Ordinance, a colonial-era emergency law, in an attempt to quell the increasingly violent protests in Hong Kong.

It was the first time that the emergency law has been invoked since 1967.

Inconsistent with Basic Law

According to South China Morning Post, the 25 lawyers who challenged the ban against wearing masks claimed that the move was inconsistent with Hong Kong's mini-constitution, the Basic Law.

They said that it gave Hong Kong Chief Executive Carrie Lam "virtually unfettered and unrestricted" powers to bypass the legislature to make laws, and also said that the regulation had gone "too far", as it covered a wide range of peaceful conduct unrelated to public order.

Government says ban was "appropriate and essential"

On the other hand, SCMP reported that the government thought the ban was "appropriate and essential", in light of the increasingly violent protests and the growing number of young participants in these protests.

The government claims that there was nothing in the Basic Law that prohibited the Legislative Council from authorising the chief executive to invoke the emergency law in times of crisis.

They also claimed that the ordinance had repeatedly showed its usefulness.

367 arrested thus far for violating mask ban

Under the controversial mask ban, anyone wearing "facial coverings" during assemblies that are "likely to prevent identification" are liable to face up to one year in jail, and a HK$25,000 (around S$4340) fine.

It also gives police officers the power to require a person to remove his or her masks at public places, and those who refuse to comply face a maximum jail term of six months, and a fine of HK$10,000 (around S$1,740).

SCMP reported that as of Nov. 7, police have arrested 247 men and 120 women on suspicion of violating the regulation, of which 24 people have been brought to court.

Top image from HKFP.