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Hong Kong’s use of emergency powers during Covid-19 crisis draws criticism and support

  • Government turned to 100-year-old law twice last month, once to delay the leadership race and again to clear regulatory roadblocks to assistance from mainland China
  • Lawmakers argue powers needed to help healthcare system nearing collapse, but observers say it sets dangerous precedent

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The new bridge linking Hong Kong and Shenzhen was built before many residents even knew about it . Photo: Sam Tsang

When photos began circulating a few weeks ago showing a new bridge linking Hong Kong and Shenzhen, residents were surprised a project few knew about was already built.

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In the past, new infrastructure could be delayed for months and even years by lengthy public reviews and a fractious legislature, but the government invoked the Emergency Regulations Ordinance last month to ensure the short bridge would be completed as soon as possible.
While the link will help speed up construction of a desperately needed makeshift hospital on the Hong Kong side during the Covid-19 crisis, some observers have questioned whether the decision to use the law will encourage the administration to govern by decree rather than consensus-building.
Temporary Covid-19 facilities built in Hong Kong across from Shenzhen. Photo: Sam Tsang
Temporary Covid-19 facilities built in Hong Kong across from Shenzhen. Photo: Sam Tsang

The Executive Council, the de facto cabinet of Chief Executive Carrie Lam Cheng Yuet-ngor, turned to the 100-year-old ordinance twice last month, once to push the leadership election from March 27 to May 8, and a second time to allow the city’s No 2 official to exempt people and projects from relevant statutory requirements so the government could draw upon mainland China’s support in combating the “very dire epidemic situation”.

The latter move was carried out under the Emergency (Exemption from Statutory Requirements) (Covid-19) Regulation that was enacted under the ordinance on February 24.

Following a question in the Legislative Council on Wednesday, Chief Secretary John Lee Ka-chiu said he had exercised his power to ensure mainland healthcare professionals could work in Hong Kong, construction workers and materials could quickly flow from Shenzhen for new makeshift hospitals and operators in care homes could allow the elderly facing risks of infection to temporarily move to other facilities.

“If the objective of preventing or controlling the transmission of Covid-19, treating patients or putting the epidemic under control is met, the chief secretary will grant exemption on the basis of actual needs in accordance with the law,” his office said.

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