Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation

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Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation
Regional Emblem of Hong Kong.svg
Chief Executive in Council
Citation Cap. 241N
Territorial extent Hong Kong
Enacted by Chief Executive in Council
Enacted24 February 2022
Commenced24 February 2022
Related legislation
Emergency Regulations Ordinance
Status: In force

The Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation (Cap. 241N) is an emergency regulation made by the Chief Executive of Hong Kong under the Emergency Regulations Ordinance in the midst of the fifth wave of COVID-19 pandemic, authorising exemptions to Chinese workers, medics, projects, materials in order to contain the spread of virus.

Contents

Background

Hospitals overwhelmed by COVID patients Caritas Medical Centre A&E outside tents for patients 20210217.jpg
Hospitals overwhelmed by COVID patients

Hong Kong experienced the fifth wave of COVID-19 pandemic starting from early 2022, after the first Omicron variant cluster was found in the community. The fifth wave became the worst to hit Hong Kong since the pandemic began, and the number of cases escalated exponentially.

On 16 February 2022, Xi Jinping, General Secretary of the Chinese Communist Party, ordered to halt COVID surge by all means according to the state-backed Hong Kong media, a usual directive from the Chinese Government. [1] Pro-Beijing MPs soon urged the Hong Kong Government to trigger the emergency law. [2]

On 23 February, the Chief Executive-in-Council, citing a "very dire" epidemic situation, decided to enact the Regulation to provide the legal basis for the Government to implement the anti-epidemic measures supported by the Chinese Government, including the construction of hospitals and isolation facilities. The Regulation came into effect on the next day. [3] This is the fourth time Chief Executive Carrie Lam used her emergency power to make laws bypassing the Legislative Council.

Provisions

The Regulation empowers the Chief Secretary for Administration to grant exemption to persons or projects such that legal requirements are not needed to be complied with, in order to prevent the spread of virus and swiftly contain the fifth wave, such that the Hong Kong Government may draw on support and resources from China in a "flexible and prompt" manner. [4]

For preventing, protecting against, delaying or otherwise controlling the incidence or transmission of the specified disease or treating patients with the specified disease (specified purposes), the Chief Secretary for Administration (Chief Secretary) may, having regard to the factors set out in subsection (2), grant an exemption in writing from any requirement under any enactment (including a requirement for licence, authority, approval, exemption, permit, registration, standard or specification).

— Section 2(1) of Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation

Implementation

John Lee, Chief Secretary for Administration, gave exemptions to Chinese workers and projects Lee Ka-chiu 20210826.png
John Lee, Chief Secretary for Administration, gave exemptions to Chinese workers and projects

As of April, four exemptions were granted by John Lee under the Regulation. [5] [6]

On 4 March, the Government announced that John Lee, the Chief Secretary, exercised his authority to exempt projects, personnel and materials within the fenced-off works site in Lok Ma Chau Loop, where community isolation and treatment facilities were built. Temporary bridges connecting Lok Ma Chau Loop and Shenzhen was built in order for faster conveyance. [7] This is the first time a cross-boundary crossing was constructed without formal border control. Local media also reported that the construction of the temporary bridge finished before the announcement of granting exemption, raising concerns of illegal construction. [8]

On 11 March, the Government confirmed mainland Chinese trucks have been bringing in COVID-related medical goods and food supplies to “ensure smooth cross-boundary land transport”, but local licence plates were not seen on the trucks. [9] Carrie Lam said on 14 March she had authorised John Lee to grant exemptions under the emergency regulations for the unlicensed vehicles. [10] Lam declined to comment on the responsibility should any accidents occur, but said the most important question to ask was: "who are these cross-border mainland lorries here in Hong Kong for?" [11]

Medical teams from China were also granted exemption to treat the COVID patients without following statutory requirements. When asked about the responsibility of possible incidents caused by the Chinese medics, Lam did not directly address the issue. [12] The Hospital Authority later confirmed the authorities will bear the "ultimate responsibility", [13] after the medical workers were employed as "honorary staff". [14] Exemption were granted to allow operators of Residential Care Homes for the Elderly to use other premises to take care of elders. [5]

On 2 April, John Lee granted permission to Chief Executive Election candidates to conduct election-related gatherings with members of the Election Committee and the public, due to the "exceptional circumstances of the case" and as such "serves the public interest", [6] although only 1,200-member Election Committee can vote for the Chief Executive. Lee resigned on 6 April and later became the sole candidate of the election. Concerns raised on the possible conflict of interest as Lee could have exempted himself when he had decided to run for the leadership.

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References

  1. ↑ "China's Xi Orders Hong Kong to Halt Covid Surge by All Means". Bloomberg. 2022-02-16.
  2. ↑ "議員批抗疫政策有漏洞 認為情況嚴峻可引用《緊急法》". on.cc東網 (in Chinese (Hong Kong)). 2022-02-17. Retrieved 2022-03-15.
  3. ↑ "Government enacts Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation". www.info.gov.hk. 2022-02-24. Retrieved 2022-03-15.
  4. ↑ "Cap. 241N Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation". Hong Kong e-legislation. 2022-02-24.
  5. 1 2 "Exercise of exemption power by CS under Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation". www.info.gov.hk. Retrieved 2022-03-23.
  6. 1 2 "Permission for group and multi-household gatherings in relation to the Chief Executive Election". www.info.gov.hk. Retrieved 2022-04-15.
  7. ↑ "Construction of facilities in Lok Ma Chau Loop carried out at full speed". www.info.gov.hk. Retrieved 2022-03-15.
  8. ↑ "緊急法豁免話音落 深圳橋已駁河套 發展局：沒補充 湯家驊：先建後豁免有效". 明報新聞網 - 每日明報 daily news (in Traditional Chinese). 2022-03-05. Retrieved 2022-03-15.
  9. ↑ "Cargo transfer trial successful". Hong Kong's Information Services Department (in Chinese (Hong Kong)). Retrieved 2022-03-15.
  10. ↑ "行政長官抗疫記者會開場發言及答問內容（附圖／短片）". www.info.gov.hk. Retrieved 2022-03-15.
  11. ↑ "Covid-19: Hong Kong uses emergency law to allow in Chinese trucks without registration, Lam cites 'time of war'". Hong Kong Free Press HKFP. 2022-03-14. Retrieved 2022-03-15.
  12. ↑ "行政長官抗疫記者會開場發言及答問內容（附圖／短片）". www.info.gov.hk. 2022-03-14. Retrieved 2022-03-15.
  13. ↑ "Covid-19: Hong Kong's Hospital Authority to bear 'ultimate responsibility' for any mishaps by new mainland medics". Hong Kong Free Press HKFP. 2022-03-15. Retrieved 2022-03-15.
  14. ↑ Standard, The. "Mainland medics to consult local staff before making medical decisions: doctors' association". The Standard. Retrieved 2022-03-15.
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