‘It has to be reasonable’: as Hong Kong weighs coronavirus testing lockdown, experts consider legal implications
- One legal expert has questioned whether the government even has the power to impose a lockdown, while another has asked whether it would override Hongkongers’ other legal responsibilities
- City leader Carrie Lam has said the government will not impose a full-fledged lockdown, but ‘limiting the movement of individuals to a certain extent’ will be necessary for a planned universal testing drive
As Hong Kong officials weigh the technical and epidemiological ins and outs of a lockdown aimed at cutting off soaring Covid-19 infections, legal experts have questioned whether they have the power to impose a drastic one at all, and what unintended consequences might arise if they do.
Some have already predicted that a strict lockdown would bring legal complications, both for everyday residents and for the government itself.
For instance, what if the deadline to seal a deal on the purchase of a property occurred within the period when a resident was not allowed to set foot outside their door, one legal expert asked.
Another questioned whether existing health laws granted the government the powers needed to enforce a large-scale lockdown, and a third expressed doubt that a court would permit such a drastic measure if it were carried out after the current wave peaks, as some health experts have suggested it should be.
“It has to be seen as reasonable,” said Calvin Ho, an associate professor at the University of Hong Kong who specialises in medical law.
Hong Kong broke yet another record when it confirmed 56,827 Covid-19 cases on Thursday. In a bid to cut off the surging fifth wave of infections, the city’s worst so far, authorities will launch a nine-day universal testing scheme on March 26 to root out hidden cases, sources have told the Post.
