Jiang Yuhuan, a member of the Legislative Council Election Committee, severely criticized yesterday that the Medical and Health Bureau's practice of declaring the medical exemption certificates (commonly known as needle-free papers) issued by seven doctors to be invalid has no legal basis. Broken the rule of law."
The Medical and Health Bureau responded to media enquiries on the same day, stating that refusal to accept relevant exemption certificates as proof of unsuitability for vaccination is only an arrangement under the "Vaccine Pass", and does not mean that the government directly abolishes all medical certificates issued by the relevant doctors.
This morning (5th) Jiang Yuhuan refuted the relevant claims on a commercial TV program as "linguistic pseudo-art". The objective result was that more than 20,000 certificates with legal effect were invalidated. There is no difference at all from the abolition, and the impact is also very wide. , to reiterate that the government must clearly explain the legal basis and convince people with reason.
Will it be JR for the public?
Jiang: The government should not wait for this step
Jiang Yuhuan reiterated that the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L of the legislation) does not clearly state that the Secretary has the power to abolish the power of exempting medical certificates, nor does it explain the circumstances under which the certificate will not be recognized, let alone the government It is possible to "catch all the 20,000-odd certificates in one go", which is untenable in terms of legal principles and may lead to lawsuits. The government must clarify as soon as possible the legal basis for "DQ" the more than 20,000 certificates in one go, so that the public can be relieved .
In response to the government's response that the invalidation of the certificate was an administrative arrangement rather than "direct abolition", Jiang Yuhuan asked, "What is the difference between not admitting and abolishing? It's funny, if you don't admit that the microphone is abolished, it's useless, so at the same time you order it, why don't you recognize the 20,000 pieces?" She believes that Hong Kong implements the common law system, "It must be assumed that people The so-called "reasonable doubt" is very worrying. This is not a dangerous criminal offence. A single "reasonable doubt" can invalidate a large number of legal documents without proof. "I think what It's a very serious incident, and if you can't say "reasonable doubt", you can infer that all 20,000 pieces are not qualified."
When asked whether citizens would file a case on their behalf if they asked for assistance in judicial review, Jiang Yu, a lawyer, sighed: "If the government requires citizens to use JR (judicial review) for everything, even if the government wins, it has already lost. It's public opinion." He believes that the government must convince people with reason, "Everyone has the opportunity to make mistakes, and it's wrong to make revisions."
The "Medical Exemption Certificate for New Crown Vaccination" issued by seven doctors suspected of spamming "needle-free paper" will expire on October 12.
(Information Services Department)
The 20,000 needle-free paper will expire next week. Jiang Yu denounced the tyranny and no legal basis: Who broke the rule of law?
Demolition ︱ Jiang Yuhuan criticizes the Secretary for being "arbitrary" in the political circle and marvels at scholars: there is still limited space for daring parliamentarians
