Articles: Emergency Regulations Ordinance

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.
'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".
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.
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 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.
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)
Webb on "Newswrap" re the anti-mask law and the ERO
RTHK, 4-Oct-2019
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)
'Questionable' whether HK mask ban using ERO is constitutional
CNBC, 4-Oct-2019
An excerpt from an interview with David Webb this morning.

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