"Cheung Chau Review King" Kwok Cheuk-jian applied for judicial review earlier this month, challenging the government's decision not to recognize the more than 20,000 question-free needle-free papers issued by the seven arrested western medical firms. The court will issue a written judgment today (21st).
The court had earlier issued an order to suspend the execution of more than 20,000 decisions about the invalidation of "pinless paper" suspected to be involved in spam, until the judicial review results.
The core point of contention in the case is whether the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L) empowers the Secretary for Health and Medical Services to abolish needle-free paper.
When Kwok Cheuk-jian responded to the media, he believed that "70%" of the case would be successful. Of course, this may not be the case.
However, once the government loses the case, the impact on the epidemic prevention policy will be very large, and the government may need to "prepare with both hands".
According to an analysis by Executive Council member and SC Tang Jiahua, there are only two possibilities.
Guo Zhuojian submitted a judicial review on the 20,000-issue needle-free paper.
(File photo/Photo by Zhu Dixin)
Tang Jiahua pointed out that there are two ways to go: appeal or amendment
The government's defense is that the Ordinance has given the Secretary a wide range of powers and flexibility to deal with public health emergencies and give instructions, and the relevant decision is an administrative decision to deal with the public health risks posed by the needle-free paper involved in the case.
The problem is that once the government loses the case, the government will lose its power to abolish needle-free paper in accordance with the existing legislation.
Member of the Executive Council, Senior Counsel Tong Jiahua pointed out that, in principle, once the government loses the case, the only choice is "appeal" or "no appeal". Because this (Cap. 599L) is a regulation of a guild and does not need to go through the Legislative Council, it may not take a long time to change it. If the government wants to do it, it will be done quickly.” If the government decides to appeal, it can apply for a stay of the judge. The judgment continues to allow the government to revoke the effect of the relevant needle-free paper, but because the court has previously ordered a suspension of the execution of the annulment order, "it is legally difficult for the court to suspend a suspended decision."
As for whether this implies that the effect of amending the law is greater, Tang Jiahua said that he could not comment, nor could he put pressure on the ruling of the judiciary.
News: Appeal is a waste of time, the government has a tendency to amend the bill if it loses the case
The source pointed out that the situation of this incident is more urgent, and it would be a waste of time to appeal, so there is a tendency within the government to immediately revise the "Chapter 599L".
Since "Chapter 599L" can be amended by the Chief Executive in Council, the Government can convene a special meeting as soon as possible.
Needle-free paper | Guo Zhuojian points out that the regulations do not give the power to abolish the government: there is flexibility in dealing with emergency situations Needle-free paper | More than one third of government departments have given injections and the Civil Servants Federation has not received 7 medical needle-free paper for help. Abolish Li Jiachao: will follow up after the court judgment