BEIJING, Nov. 21 (Xinhua) -- Legal experts have decried a recent ruling by Hong Kong's High Court related to a mask ban regulation as "nonsensical," noting that the court has overstepped its purview and the ruling will worsen the situation in Hong Kong.
The Hong Kong Special Administrative Region (HKSAR) government in October invoked the power under the Emergency Regulations Ordinance to put in place the Prohibition on Face Covering Regulation. However, the Court of First Instance of the HKSAR High Court ruled on Monday that some provisions of the ordinance were incompatible with the Basic Law of the HKSAR and were therefore invalid.
Li Xiaobing, an associate professor at the School of Law of Nankai University, said the ruling would severely affect the HKSAR government's efforts to end violence and restore order as it was made at a crucial time when the government was pooling strength to reverse the chaotic situation.
"The HKSAR government hasn't been too hard-line. It was the excessive violence that drove Hong Kong society out of control," said Li, who is also a member of the Chinese Association of Hong Kong and Macao Studies.
"The mask ban regulation is in line with public interests. It is appropriate, reasonable and legitimate," Li added.
Whether a law of the HKSAR is compatible with the Basic Law can only be judged and decided by the National People's Congress (NPC) Standing Committee, Li said, adding that the HKSAR High Court has no power to make such a ruling.
Li said the ruling not only challenged the authority of the NPC Standing Committee but also seriously impacted Hong Kong's constitutional structure and weakened the HKSAR chief executive and the government's lawful powers to govern.
"The ruling will compromise the enforcement of the mask ban regulation," he said. "As a result, it will further paralyze administrative powers, leading to more reckless activities by the rioters."
Tian Feilong, executive director of the Center for Legal Studies in One Country Two Systems at Beihang University, said that the ruling sent the wrong signal to the rioters, making them believe they are justified in continuing violent acts.
"Such a misjudgment will lead to an escalation of the situation," Tian warned.
"The most urgent task in Hong Kong is to end violence and restore order. Under such circumstances, it was nonsensical to deliver such a ruling," said Chen Yonghua, an expert on the Basic Law and contract researcher at Tsinghua University.
The experts commended the statements issued by the Legislative Affairs Commission of the NPC Standing Committee, the Hong Kong and Macao Affairs Office of the State Council and the Liaison Office of the Chinese Central People's Government in the HKSAR following the court ruling.
"The statements are very important to correct the misunderstandings," Chen said.
Li said the statements have made it clear that it is the NPC Standing Committee that has the final say on whether a Hong Kong's local law contradicts the Basic Law.
The experts all denounced overseas media reports that claimed the central authorities' statements "interfered in" Hong Kong's judicial independence.
Li said the HKSAR High Court is to blame for provocation as it overstepped its purview and failed to perform its "independent" role well.
The statements from central authorities are indeed conducive to dispelling misunderstandings, he said, adding that the central authorities have always respected Hong Kong's judicial independence.
The NPC is endowed with the right to interpret laws by the country's Constitution and the Basic Law of the HKSAR, Chen said. Neither the NPC's law interpretation nor central authorities' statements threaten the high degree of autonomy in Hong Kong in any way, he added.
