Hong Kong bar association expresses 'grave concern' after govt delays election

Hong Kong Bar Association (HKBA) has expressed grave concern over Hong Kong Special ministrative Region (HKSAR) government's decision to postpone legislative election (LegCo) in China-ruled city by one year, which was due to be held on September 6, 2020. Hong Kong government postponed election on July 31 citing increasing coronavirus cases in former British colony. Carrie Lam-led executive council postponed election by invoking a colonial-era law, which Hong Kong bar association feels 'may turn out to be unlawful'.

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" Government has sought to justify postponement on ground of public health risks, due to resurgence in COVID-19 cases. We te in this regard that international human rights experts have repeatedly warned that governments must t use COVID-19 as a pretext to suppress human rights. HKBA also tes that re are specific provisions in Legislative Council Ordinance for postponing an election at times of danger to public health, which however are t being used by HKSAR Government. se provisions would have provided for 14 days’ postponement only. Generally, a later law which dresses a specific problem – in this case, public health hazards at election time – would take precedence over an earlier, general law (i.e. ERO) which dresses emergencies and public dangers generally but does t dress specific issue of public health problems at election time," HKBA said in a statement published on its website on August 2. 

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HKBA on Beijing's interference 

Hong Kong Bar Association furr pointed out that Article 69 of Basic Law specifies that term of office for legislative council shall be of 4 years and election of members of council is a matter within automy of Hong Kong government. But by deciding to seek a decision of Standing Committee of National People's Congress HKSAR government is effectively inviting central government to override relevant provisions of basic law. Meanwhile, election commission while postponing vote also disqualified certain candidates, whom Beijing accuses of openly vocating 'Hong Kong independence' and 'self-determination', or begged for external sanctions on and interference in Hong Kong.  

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