Wing Kay Po is a practising barrister in Hong Kong. She is a member of the Bar Council and chairman of the Bar's Special 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.
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.
The Hong Kong Bar Association’s proposal to offer a subsidy to both male and female barristers on the birth of a child is a move towards recognising that parental leave benefits should accrue to self-employed people, too.
Hong Kong has fared better than many jurisdictions in adhering to the rule of law. But the government’s unprecedented rejection of a journalist’s visa, following a thinly justified ban on a separatist party, does not bode well for the city.
The setting up of Hong Kong as a special administrative region under Article 3 of China’s constitution and the statements of officials at the time make it clear that in the territory, the Basic Law holds sway.