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Erik Shum

Erik Shum

Erik Shum is vice-chair of the Hong Kong Bar Association’s Committee on Constitutional Affairs and Human Rights.

Postponing the election for a year is based on a false contention there is no other lawful way to cope with the Covid-19 threat. Officials have not explained why a shorter postponement is insufficient or why they cannot use existing legislative provisions to deal with the dilemma.

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The Basic Law does not give Hong Kong’s chief executive the power to ‘officially proclaim’ a state of emergency. The city’s leader thus has no lawful power to make emergency regulations that would comply with Hong Kong’s international treaty obligations and own bill of rights.