AllAboutLaw Blog: Hong Kong mask ban, a Google lawsuit and the Trump impeachment

Oct 11, 2019

Written By Tuula Petersen

In this week’s edition of the AllAboutLaw Blog the Hong Kong protests once again take centre stage. For the first time in more than 50 years, the chief executive of Hong Kong referred to the emergency regulations ordinance to ban the wearing of masks.

The mask ban marks new territory for the Hong Kong protests.

The protests in Hong Kong show no signs of slowing down. Initially, the unrest was sparked by a repatriation bill which would authorise the Hong Kong government to extradite its citizens charged with a crime to mainland China, where human rights are not respected to the same degree. However, 126 days on, the protests have evolved to represent a general condemnation of the Hong Kong government.

This weekend, the protests took on another dimension when the government announced its decision to ban face masks for protestors. Carrie Lam, the Hong Kong chief executive, resorted to a colonial-era Emergency Regulations Ordinance which gives special powers to the chief executive to pass regulations in cases of “public danger”. The use of this regulation gives Lam virtually unlimited power and has been criticised as the first step towards authoritarianism. Violating the ban could lead to a year in prison for a year or a fine of $3,190.

The emergency regulations ordinance allows a law to take effect in a single day, without going through the Legislative Council. It was first introduced in 1922 when the British colonial government had to deal with seamen striking as a result of economic issues, such as the rising cost of living and stagnant wages. At the time, Hong Kong’s primary source of sustenance was through its port, which meant the effects of the strike were catastrophic to the local economy. The protest was largely believed to be partly instigated by communist ideology, so the emergency legislation was aimed at decreasing the emerging communist threat across a fragmented border and ensuring the continued stability of the British colony.

Thousands of protestors took to the streets this weekend despite heavy rain, tear gas and the closure of key metro stations in defiance of the mask ban. The Sunday protests were initially peaceful, however, as tensions mounted due to police involvement, the protests became violent. The latest violence during the Hong Kong protests is now being investigated by the UN.

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“Law as a social institution specialised to the performing of certain tasks or meeting certain needs in human groups, especially those groups which we call societies”

William Twining, Blackstone’s Tower: The English Law School, 1994

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Firm News

Clyde & Co has replaced its long-standing chief executive with Matthew Kelsall, formerly the chief operation officer.

Three Crowns has chosen to open a Middle Eastern office in Bahrain for its first office since its launch five years ago.

Hogan Lovells’ international business cuts back its headcount despite an 8% revenue growth.

Herbert Smith Freehills has started the search for a new leader, as its current CEO, Mark Rigotti plans to stand down from his role in 2020.

Withers has won the international legal team of the year and the trusted advisor of the year categories at the STEP 2019 Private Clients Awards.

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Google to face a UK class-action lawsuit

The Court of Appeal has ruled that a collective lawsuit against Google can proceed in the UK courts under the UK 1998 Data Protection Act and serve legal papers to Google in the US. Google has been accused of secretly tracking the online behaviour of over four million iPhone users in the UK between August 2011 and February 2012, bypassing privacy settings and collecting data from the Safari browser. Richard Llyod, a former director of the consumer rights group Which?, is behind the lawsuit against Google. If the trial is successful, Mr Lloyd has estimated that affected individuals could claim up to £750, amounting to a total cost of £3.3 billion to Google. In response to the case, Google argues the case should be dropped because the events took place “nearly a decade ago” and had been “addressed at the time”.

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The list keeps growing! Make sure to check out our website for all the new vacation scheme openings to apply early.

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A second whistleblower condemns Trump

A second whistleblower has come forward with alleged first-hand knowledge of Donald Trump's phone call with the Ukranian president, Volodymyr Zelenskiy. The US president is accused of having solicited interference from a foreign power in relation to the 2020 presidential election during the phone call. The initial whistleblower claimed Trump asked Zelenskiy to investigate Joe Biden, his political rival in the upcoming elections, for harmful information. According to the Federal Election Commission, it is illegal for any individual to receive any valuable information from a foreign national in connection with a U.S. election. This has prompted Democrats in the House of Representatives to launch an impeachment inquiry into Trump’s conduct. The second whistleblower is also an intelligence officer and has “more direct information” about the events surrounding the call.

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Recommended reading

1. Environmental vandalism is now at the centre of key human rights issues, but remarkably, in relation to generations that are not yet born.

The US Supreme Court looks to take on the legal challenges of abortion ahead of the 2020 presidential elections.

The World Bank and the International Bar Association announced the importance of funding legal aid for economic growth.

Corruption accusations have led to the resignation of a Mexican Supreme Court Justice.

Following the Supreme Court ruling in favour of Harvard, the university’s discrimination case is explained in further detail.

In order to tackle climate change, an increasing number of laws and regulations have been created. However, businesses are struggling to keep up with the increasing body of legislation and stay afloat.

The US’s tax-compliance law faces another challenge as overseas Americans have formed alliances to lobby for less brutal treatment.

Two years on from the peace talks, Colombia is still grappling with violence and political unrest.

Anti-government protests in Iraq have escalated with eight people dead.

Barbie is now available as a judge!

A law firm has launched a class-action lawsuit for Fortnite addiction.

A short film released by the Ford Motor Company depicting the future as envisaged from 1967 offers a “fascinating and humbling glimpse at the ever-fraught business of predicting the future”.

Christopher Brown's new novel, Rule of Capture, unusually combines legal thriller and dystopian sci-fi.

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