Hong Kong courts have no power to rule on face mask ban: China's top legislature

The plot thickens.

Jason Fan | November 19, 2019, 12:02 PM

China's top legislative body said that Hong Kong courts have no power to rule on the constitutionality of the face mask ban, according to Chinese news agency Xinhua.

This statement came a day after Hong Kong High Court ruled that the controversial face mask ban was unconstitutional.

China says only Beijing can decide on constitutionality

Yan Tanwei, a spokesman for the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPCSC), said that "no authority has the right to make judgements and decisions", according to Reuters.

"Whether the laws of the Hong Kong Special Administrative Region comply with the Basic Law of Hong Kong can only be judged and decided by the Standing Committee of the National People's Congress," said Yan.

South China Morning Post reported that Beijing's highest policy office on Hong Kong affairs warned that the court ruling would have a "serious and negative sociopolitical impact".

Yang Guang, a spokesman of the State Council's Hong Kong and Macau Affairs Office (HKMAO), also said that the Hong Kong government and judiciary would follow the Basic Law in performing their duties, sharing responsibility to curb violence and restore order.

He added that they will monitor the development of this case closely.

Analysts expect Beijing to issue another legal interpretation

Although the Hong Kong government's mask ban was declared unconstitutional by the Hong Kong High Court, SCMP reported that another legal interpretation could be issued by Beijing.

The power of interpretation of the Basic Law is vested in the NPCSC.

While Hong Kong courts may interpret other provisions of the Basic Law, the court must follow relevant NPCSC interpretations.

According to Lau Siu-kai, vice-chairman of The Chinese Association of Hong Kong and Macau Studies, the two strongly-worded statements issued by top Chinese agencies suggested that the NPCSC would take action shortly.

"[The NPCSC] can come up with a decision that the Emergency [Regulations] Ordinance is in conformity with the Basic Law... I expect the Standing Committee to act very soon," he said.

Top image from HKFP.