China's top legislature has expressed strong dissatisfaction towards 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 (NPC) is the sole legislative body that can make judgments and decisions over whether a law of the Hong Kong Special Administrative Region (HKSAR) is in accordance with the Basic Law, said Zang Tiewei, spokesperson for the Commission of Legislative Affairs of the NPC on Tuesday.
No others have 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.
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"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. He 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.
Central govt: We will keep a close eye
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 Macao Affairs Office of the State Council on Tuesday morning.
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.
In an interview with Xinhua on the issue, a principal official of the Liaison Office of the Central People's Government in the HKSAR stressed that the NPC Standing Committee is the body entitled to make final judgments on whether a law of the HKSAR is in conformity with the Basic Law.
According to Article 67 (4) in the Constitution of the People's Republic of China (PRC), the NPC Standing Committee exercises the function and power to "interpret law," said the official; according to Article 158 (1) in HKSAR Basic Law, "the power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress," the official added.
So the power of making final judgments on whether a law of the HKSAR is in conformity with the Basic Law is "undoubtedly vested in the NPC Standing Committee," the official said.
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, the official said.
Experts explain negative impacts of the ruling
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.
Yao told CGTN that the Emergency Regulations Ordinance, which became a law in the HKSAR following Hong Kong's return to China in 1997, grants the chief executive the power to make "special administrative legislation" where there is a serious problem in public security.
"And the anti-mask law was made according to this," he said.
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Lawrence Ma, chairman of Hong Kong Legal Exchange Foundation (HKLEF), 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."