Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Hong Kong barristers cast doubt on legality of Carrie Lam’s election move

Hong Kong barristers cast doubt on legality of Carrie Lam’s election move

Bar Association has serious concerns over decision to delay Legislative Council elections for a year in face of growing Covid-19 crisis.



Hong Kong’s Bar Association has expressed “grave concern” over the government’s move to postpone the Legislative Council elections
for a year, casting “serious doubts” on the legal and evidential basis for the decision.

The professional body of barristers also criticised the government for asking mainland China’s top legislative body to rule on resolving any legal issues stemming from the postponement, saying the matters were within the autonomy of Hong Kong.

“The association considers that there are serious doubts about the legal and evidential basis of the government’s decision,” it said in a statement on Sunday evening.

Hong Kong’s leader, Carrie Lam Cheng Yuet-ngor, set off a political storm on Friday by invoking emergency powers to postpone the September election, citing the risk of further escalating the Covid-19 crisis.




Recognising the problem this would create because of the four-year term limit in Legco term under the Basic Law, the city’s mini-constitution, Lam asked Beijing to step in.

But by making that request, the Bar Association said the Hong Kong government was “effectively inviting the central government to override the relevant provisions of the Basic Law and Hong Kong legislation to circumvent possible legal challenges”.

It added: “This is contrary to the principles of legality and legal certainty and degrades the rule of law in Hong Kong.”

The association said it was concerned the government had not consulted society at large, or the relevant experts, on the appropriate balance between protecting public health, and protecting the constitutional right of the city’s residents to take part in elections.

There was also little evidence the government had considered alternative measures to alleviate the possible health risks, it added, and accused authorities of failing to satisfactorily explain why the election had to be postponed for a year, instead of just weeks or months.

While there were countries that postponed their elections because of the outbreak, it said, there were also countries with worse outbreaks that held elections in recent months.

Many countries that have postponed their elections have done so for much shorter periods, it added.

The government has not made use of existing provisions in the Legislative Council Ordinance to postpone the elections at times of danger to public health, it said.

International human rights experts have repeatedly warned governments not to use the Covid-19 outbreak as a pretext to suppress human rights, it added.

Lam has said the decision to postpone was made only for the sake of public health, and there no political considerations were involved.

She said her administration decided against using the Legislative Council Ordinance to postpone the elections because it would only allow the vote to be delayed for 14 days.

In his Sunday blog, Lam’s deputy, Matthew Cheung Kin-chung, said the decision to postpone was a “very difficult” one to make, and there was “absolutely no political considerations”.

Lam’s decision triggered outrage among opposition politicians, who had hoped to win an unprecedented majority in the 70-seat legislature, buoyed by their trouncing of pro-establishment rivals in last year’s district council elections.

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
House Republicans Move to Defund OECD Over Global Tax Dispute
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
ChatGPT CEO Sam Altman says people share personal info with ChatGPT but don’t know chats can be used as court evidence in legal cases.
Intel Reports Revenue Beats but Sees 81% Rise in Losses
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
UN's Top Court Declares Environmental Protection a Legal Obligation Under International Law
"Crazy Thing": OpenAI's Sam Altman Warns Of AI Voice Fraud Crisis In Banking
The Podcaster Who Accidentally Revealed He Earns Over $10 Million a Year
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
President Trump Diagnosed with Chronic Venous Insufficiency After Leg Swelling
CEO Resigns Amid Controversy Over Relationship with HR Executive
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
Tulsi Gabbard Unveils Evidence Alleging Political Manipulation of Intelligence During Trump Administration
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Trump Announces Coca-Cola to Shift to Cane Sugar in U.S. Production
FIFA Pressured to Rethink World Cup Calendar Due to Climate Change
Zelensky Reshuffles Cabinet to Win Support at Home and in Washington
"Can You Hit Moscow?" Trump Asked Zelensky To Make Putin "Feel The Pain"
Church of England Removes 1991 Sexuality Guidelines from Clergy Selection
Superman Franchise Achieves Success with Latest Release
Hungary's Viktor Orban Rejects Agreements on Illegal Migration
Air India Pilot’s Mental Health Records Under Scrutiny
Jamie Dimon Warns Europe Is Losing Global Competitiveness and Flags Market Complacency
Moonshot AI Unveils Kimi K2: A New Open-Source AI Model
Martha Wells Says Humanity Still Far from True Artificial Intelligence
Nvidia Becomes World’s First Four‑Trillion‑Dollar Company Amid AI Boom
EU Delays Retaliatory Tariffs Amid New U.S. Threats on Imports
Trump Proposes Supplying Arms to Ukraine Through NATO Allies
US Opens First Rare Earth Mine in Over 70 Years in Wyoming
Bitcoin Reaches New Milestone of $116,000
Severe Heatwave Claims 2,300 Lives Across Europe
Declining Beer Consumption Signals Cultural Shift in Germany
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
Western Europe Records Hottest June on Record
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
China’s Central Bank Consults European Peers on Low-Rate Strategies
France Requests Airlines to Cut Flights at Paris Airports Amid Planned Air Traffic Controller Strike
Poland Implements Border Checks Amid Growing Migration Tensions
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
×