Articles: Emergency Regulations Ordinance
24 legislators v CE in Council & others
HK Court of Appeal, 9-Apr-2020
The CA overturns the CFI and rules that the Emergency Regulations Ordinance is constitutional. It also rules that the anti-mask regulation made under the ERO is constitutional for unauthorized assemblies, but it upholds the CFI's ruling that the regulation is unconstitutional in the case of authorized meetings and marches. We expect both sides to go to the Court of Final Appeal.
HK Court of Appeal, 9-Apr-2020
The CA overturns the CFI and rules that the Emergency Regulations Ordinance is constitutional. It also rules that the anti-mask regulation made under the ERO is constitutional for unauthorized assemblies, but it upholds the CFI's ruling that the regulation is unconstitutional in the case of authorized meetings and marches. We expect both sides to go to the Court of Final Appeal.
24 legislators v CE in Council & others
HK Court of Appeal, 10-Dec-2019
The court refuses the Government's applications for a Temporary Validity Order for the anti-mask law or a Temporary Suspension Order of the Court of First Instance judgment that the ERO (in cases of public danger) and most of the PFCR (even if passed by LegCo) are unconstitutional. The substantive appeal will be heard on 9-10 January 2020.
HK Court of Appeal, 10-Dec-2019
The court refuses the Government's applications for a Temporary Validity Order for the anti-mask law or a Temporary Suspension Order of the Court of First Instance judgment that the ERO (in cases of public danger) and most of the PFCR (even if passed by LegCo) are unconstitutional. The substantive appeal will be heard on 9-10 January 2020.
24 legislators v CE in Council & others
HK Court of First Instance, 22-Nov-2019
The judges decline to grant a Temporary Validity Order or a Suspension Order, but grant A 7-day interim suspension order to give time for the respondents to apply to the Court of Appeal for interim relief.
HK Court of First Instance, 22-Nov-2019
The judges decline to grant a Temporary Validity Order or a Suspension Order, but grant A 7-day interim suspension order to give time for the respondents to apply to the Court of Appeal for interim relief.
Statement on comments by LAC of NPCSC
HK Bar Association, 19-Nov-2019
The autonomy of HK Courts promised by the Basic Law is under attack from Beijing and its local delegates. The Bar Association is fighting back.
HK Bar Association, 19-Nov-2019
The autonomy of HK Courts promised by the Basic Law is under attack from Beijing and its local delegates. The Bar Association is fighting back.
'Only Beijing can rule on HK's Basic Law'
| Basic Law A158
RTHK, 19-Nov-2019
Simply untrue. BL A158 states "The [NPCSC] shall authorize the courts of the [HKSAR] to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region". Sure, the NPCSC can override with its own "interpretation", but doing so would again undermine HK's purported autonomy under "Two Systems".
RTHK, 19-Nov-2019
Simply untrue. BL A158 states "The [NPCSC] shall authorize the courts of the [HKSAR] to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region". Sure, the NPCSC can override with its own "interpretation", but doing so would again undermine HK's purported autonomy under "Two Systems".
24 legislators v CE in Council & others
HK Court of First Instance, 18-Nov-2019
Justices Anderson Chow and Godfrey Lam rule that the Emergency Regulations Ordinance, in cases of public danger, is unconstitutional; the CE cannot bypass LegCo and make laws on her own. They also rule that the anti-mask law, even if passed by LegCo, would be unconstitutional except for the subsection outlawing masks in unlawful assemblies.
HK Court of First Instance, 18-Nov-2019
Justices Anderson Chow and Godfrey Lam rule that the Emergency Regulations Ordinance, in cases of public danger, is unconstitutional; the CE cannot bypass LegCo and make laws on her own. They also rule that the anti-mask law, even if passed by LegCo, would be unconstitutional except for the subsection outlawing masks in unlawful assemblies.
Empress Carrie Lam off to Naruhito's enthronement
HK Government, 20-Oct-2019
Under Basic law Article 13, foreign affairs are a matter for the Chinese Government. Still, with the recent Emergency Regulations she has been behaving somewhat like an absolute ruler.
HK Government, 20-Oct-2019
Under Basic law Article 13, foreign affairs are a matter for the Chinese Government. Still, with the recent Emergency Regulations she has been behaving somewhat like an absolute ruler.
ERO: one judicial review, two judges
Webb-site has learned that in a very rare move, the Chief Justice has directed that 2 judges sit together in the Court of First Instance to hear the judicial review of the Chief Executive's use of the Emergency Regulations Ordinance. (16-Oct-2019)
Webb-site has learned that in a very rare move, the Chief Justice has directed that 2 judges sit together in the Court of First Instance to hear the judicial review of the Chief Executive's use of the Emergency Regulations Ordinance. (16-Oct-2019)
Webb in a Webinar: HK-Invocation of emergency powers
AIMA, 9-Oct-2019
A discussion on the HK Government's use of the Emergency Regulations Ordinance, whether the ERO and the anti-mask regulation made by it are constitutional, and the broader issue of where HK may go from here. A form is required to listen but any answers will do. Held at 17:30 on 9-Oct-2019.
AIMA, 9-Oct-2019
A discussion on the HK Government's use of the Emergency Regulations Ordinance, whether the ERO and the anti-mask regulation made by it are constitutional, and the broader issue of where HK may go from here. A form is required to listen but any answers will do. Held at 17:30 on 9-Oct-2019.
Carrie Lam and the separation of powers
After trying to breach the firewall between the 2 Systems with the Extradition Bill, she's at it again, invoking the ERO to enact law by regulation. The PFCR, which she says is subsidiary legislation, sets penalties higher than permitted by Ordinance. Subsidiary legislation cannot override existing Ordinances, so she had better not try. Meanwhile, basic maths and weekend events suggest the anti-mask law fails the rational connection test and is unconstitutional. (8-Oct-2019)
After trying to breach the firewall between the 2 Systems with the Extradition Bill, she's at it again, invoking the ERO to enact law by regulation. The PFCR, which she says is subsidiary legislation, sets penalties higher than permitted by Ordinance. Subsidiary legislation cannot override existing Ordinances, so she had better not try. Meanwhile, basic maths and weekend events suggest the anti-mask law fails the rational connection test and is unconstitutional. (8-Oct-2019)
24 legislators v CE in Council & others
HK Court of First Instance, 8-Oct-2019
Justice Godfrey Lam declines to grant an interim injunction against the Prohibition of Face Coverings Regulation issued by CE Carrie Lam under the Emergency Regulations Ordinance.
HK Court of First Instance, 8-Oct-2019
Justice Godfrey Lam declines to grant an interim injunction against the Prohibition of Face Coverings Regulation issued by CE Carrie Lam under the Emergency Regulations Ordinance.
Making laws via the ERO may be unconstitutional
The Basic Law establishes a clear separation of powers between executive and legislative branches. A law that allows the Chief Executive to make laws appears unconstitutional. We expect a judicial review if she tries it. Even if she succeeds, draconian laws don't address the root problem: a deficit in democratic accountability for both the CE and LegCo. We again propose local legislation to scrap corporate voting and democratise the system. (4-Oct-2019)
The Basic Law establishes a clear separation of powers between executive and legislative branches. A law that allows the Chief Executive to make laws appears unconstitutional. We expect a judicial review if she tries it. Even if she succeeds, draconian laws don't address the root problem: a deficit in democratic accountability for both the CE and LegCo. We again propose local legislation to scrap corporate voting and democratise the system. (4-Oct-2019)
'Questionable' whether HK mask ban using ERO is constitutional
CNBC, 4-Oct-2019
An excerpt from an interview with David Webb this morning.
CNBC, 4-Oct-2019
An excerpt from an interview with David Webb this morning.
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