Tuesday 8th October 2019
Dear Reader,
NEW ARTICLE
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)
RECENTLY ON WEBB-SITE
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)
IN OTHER NEWS
Webb on "Newswrap" re the anti-mask law and the ERO
RTHK, 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.
And much more besides...
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David M. Webb
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