A Hong Kong pro-democracy activist has been found guilty of violating the Covid mask mandate while rallying outside court in February as the city’s largest national security trial got underway. He was ordered to pay a fine of HK$10,500.
Dickson Chau, vice-chair of the League of Social Democrats (LSD) appeared before Magistrate Peter Yu at Kowloon City Magistrates’ Courts on Friday. Chau pleaded not guilty to the ticketed charge this June.
Chau was handed a HK$5,000 fine on February 6 for allegedly removing his mask outside the West Kowloon Law Courts Building, where he and two fellow members from the pro-democracy group staged protests as the landmark national security trial involving 47 democrats began.
In 2021, the pro-democracy figures were charged under the security law with “conspiracy to commit subversion,” after they organised primaries in a bid to win the 2020 legislative election. They are accused of planning to use legislative powers to indiscriminately veto bills, whilst forcing the chief executive’s resignation and a government shutdown. Most have been detained since March 2021.
Chau refused to pay the fine in June, claiming that it amounted to “political oppression.” Last month, he said his prosecution was a “violation of freedom of speech and freedom to demonstrate.”
Five seconds
Magistrate Yu said he acknowledged that Chau was seen pulling down his mask to shout for five seconds, but added that the issue was not with the duration that Chau had the mask off, but rather, whether he had a reasonable argument for doing so.
“If he had a reasonable argument, he could have had his mask down for more than five seconds, and it would not have been illegal,” he said in Cantonese.
Yu also pointed out that Chau did not testify or call on any witnesses to demonstrate that he had a reason to take off his mask, for instance, if his microphone had broken, and he had to speak without a mask to ensure he could be heard.
Chau said in court last month that it was not the constitutionality of the mask mandate that he doubted, but the police’s enforcement of the proportionality principle. He also cited a case in which the city’s top court ruled peaceful demonstration was a constitutional right and the courts should give such freedom a generous interpretation.
‘To take a selfie?’
In mitigation, Chau said he was exercising his right to peaceful assembly and demonstration, and had to take his mask off to ensure that he could speak clearly. “What else would I have taken my mask off for? To chat? For fun? To take a selfie?” he asked.
“I believe its hard for the court to understand the fear experienced by three or four people surrounded by 30 to 40 police officers, or even the obstruction that would cause,” Chau added. “I don’t think that will ever be taken as judicial notice.”
Chau also asked the magistrate to consider that the mask ban, imposed in July 2020, was lifted in March – a month after he was originally charged. A ban on wearing masks at rallies, which was introduced in October 2019 amid months-long pro-democracy protests, remains in place.
The activist was eventually ordered to pay a HK$10,500 fine – HK$5,000 for the offense, another HK$5,000 for being convicted, and HK$500 in legal fees.
Chau and LSD chairperson Chan Po-ying rallied outside the courthouse after Friday’s hearing with a banner that read, “Freedom of protest must not be denied, shame on political prosecutions. Pandemic control by name, oppression and abuse of the mask order in reality.”
Outside the courthouse, he added that even government officials were unmasked at the Hong Kong Sevens last November, when Covid rules remained in place.
Chau said he would examine the ruling and seek legal advice on whether to appeal the verdict.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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