Yesterday (4th) early morning Legislative Council Election Committee member Jiang Yuhuan suddenly posted a post on social media, criticizing Lu Chongmao, Director of the Medical and Health Bureau, and questioning his announcement of 7 persons suspected of spamming medical exemption certificates (commonly known as needle-free papers). ), the more than 20,000 certificates issued by the private doctor are invalid and lack legal basis. The words are quite sharp, and they directly point to the "arrogance" of the practice. He even asks: "Who is breaking the rule of law now?" In order to spread, it also amazed the political circle.
Some scholars have pointed out that members of the parliament want to highlight their differences with other members under the new parliament, so they hope to use more sharp criticism to attract public attention and to fill the role of the democrats in monitoring the government in the past, but the political reality is that the current "main theme" "It is still to protect the popularity of Li Jiachao's government from being damaged, so this kind of space for the government to "do what it is and what it is not" is quite limited.
Needle-free papers issued by 7 doctors will be cancelled, involving more than 20,000 people.
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Member: I don't know if Zhong thought it was written in "Deep Yellow"
The main argument of Jiang Yuhuan's article is that the Prevention and Control of Disease (Vaccine Pass) Regulation, Chapter 599L of the legislation, does not empower his "DQ" needle-free paper. In addition to criticizing the Secretary for being "arbitrary", the content also strongly criticizes the government for "indirectly coercing it." Citizens are given injections,” and also refers to “the government says it wants to care for the elderly and the young, but under the three-year epidemic, it is the elder and the young who suffer the most. Listening to a radio program one day, I heard a guest say that in the past three years, many people have lived in the hospital. It is difficult for the elders in the house to meet their family members, and they seldom go out for activities, which is like a prison without the light of day, which is sad.” The sharpness of the words is very rare in the Legislative Council under the new electoral system.
In fact, this is not the first time Jiang Yuhuan has severely criticized the government.
In June of this year, the government planned to revise its approach, bypassing the Legislative Council's procedure of "making first and then reviewing it", and directly announced the adjustment of the number of gatherings, which caused a backlash from lawmakers. At that time, Jiang Yuhuan was one of the lawmakers who mainly criticized the government. Absolutely "not easy to talk about".
The article was widely circulated among politicians. A member of the Legislative Council with a political party background smiled and pointed out to the author: "If you cover up your name, you will really think it is written by a 'deep yellow' person." A non-partisan lawmaker said in private He sighed, "(The wording) is really crazy." Even some pro-democracy netizens on social networking sites shared Jiang Yuhuan's statement.
Jiang Yuhuan's article circulated among legislators.
(File photo/Photo by Li Zetong)
Jiang Yuhuan: Reflecting the voices of the public and not receiving "reminders"
Jiang Yuhuan said in response to the inquiries of "Hong Kong 01" that he believed that his remarks reflected the voices of the citizens, and many citizens felt the same.
She stressed that she was only addressing legal issues and had not received "warm reminders" from other establishment groups or "Western Circle".
She explained that the needle-free paper is a designated medical exemption certificate listed under "Chapter 599L", not a general medical certificate. "Chapter 599L" does not give Lo Chongmao the power to rescind the medical exemption certificate, and "Chapter 599L" is Statutory laws cannot be changed through administrative orders, but laws must be amended.
She questioned whether Lu Chongmao had consulted the Department of Justice before making the decision to abolish needle-free paper, and hoped that Lu Chongmao would change his mind and allow those who hold needle-free paper to continue to use it.
Regarding the government's "gu needle", Jiang Yuhuan pointed out that many countries are only using means of persuading citizens to increase the vaccination rate, and are very cautious about using high-pressure means. The right to choose whether or not to get vaccinated, "People have a choice. The (vaccination) vaccination rate is so high that it is forced to inject? Isn't it scary?"
She also pointed out that she learned from the media that there are elderly people who have not had injections and hope to go out to eat with their families on their birthdays, and hope that the government's measures will take legal reasons into account. It's been three years since the epidemic, so when is it time to talk about love?"
Tong Jiahua believes that the Secretary for Medical and Health has certain powers under the "Chapter 599L" Ordinance.
(File photo/Photo by Ou Jiale)
Senior institutions hold injustice: Lu Chongmao attaches great importance to scientific data
At the legal level, the power of the Secretary "DQ" needle-free paper may indeed raise public doubts.
Member of the Executive Council, Senior Counsel Tong Jiahua said that under the "Chapter 599L" Ordinance, there is indeed no express provision for the Secretary to abolish the Certificate of Exemption. However, he pointed out that the Ordinance gives the Secretary full power to make instructions on entering scheduled premises, and there is no law for false documents. Effectiveness, "so that the Secretary has no right to believe is controversial."
Section 17 of "Chapter 599L", "Certificate of Exemption from Specified Medicine", sets out the conditions for a medical certificate, but does not set out the circumstances and procedures for an exemption certificate.
And "Cap 599L", section 3 "The Secretary may issue directions for vaccine passes", means that the Secretary may give directions for any type of premises or public transport under two factors, including whether the premises will constitute or have There may be a risk of transmission and this instruction is necessary to prevent transmission.
There are also senior pro-establishment figures who have reported that even though the legal provisions are somewhat controversial, Lo Chongmao, who I know personally, is a person who attaches great importance to scientific data. He will explain any policy adjustments to Members, such as relaxing quarantine arrangements, etc., and he will quote them in detail. According to the data, "(Lu Chongmao) strives for precision in every epidemic prevention policy, so I personally cannot understand the word 'arrogant'."
He also believes that "Chapter 599L" covers a wide range of content and gives the Secretary a considerable amount of power. Although Members have the freedom to express their opinions, it is not appropriate to criticize with some emotional words.
Choi Tsz-keung pointed out that individual MPs want to raise their voices and fill the vacuum in monitoring the government's exercise of public power.
(File photo/Photo by Zheng Zifeng)
Cai Ziqiang: It is difficult to criticize the government too sharply
Cai Tsz-keung, senior lecturer of the Department of Politics and Administration at CUHK, pointed out that the "honeymoon period" after the new government took office has not yet passed. Different stakeholders in the establishment camp, including the "Western District", still hope to give time to the Li Jiachao government.
He said that, based on various media reports, "Western District" would "warm reminders" to Legislative Council members from time to time: "The whole main theme is that we want to keep our criticism of the government in check, and we don't want to damage the public reputation of the SAR government." "Late Lam Ching" was completely different, at that time the "Western Circle" basically didn't matter."
He pointed out that against this background, there will always be individual members who wish to have a more prominent voice to fill the vacuum in monitoring the government's exercise of public power after the democrats have disappeared: "They all know that citizens do not want only one voice, coming and going. It’s very disgusting to say those words when I go there.” So they wanted to try to gain political space as much as possible, and they also wanted to know more about the public. Among the 90 members, they would not be “drowned” in the crowd, but Cai Ziqiang Frankly, the space for such MPs is very limited.
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