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

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

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"The Government has sought to justify the postponement on the ground of public health risks, due to the resurgence in COVID-19 cases. We note in this regard that international human rights experts have repeatedly warned that governments must not use COVID-19 as a pretext to suppress human rights. The HKBA also notes that there are specific provisions in the Legislative Council Ordinance for postponing an election at times of danger to public health, which however are not being used by the HKSAR Government. These provisions would have provided for 14 days’ postponement only. Generally, a later law which addresses a specific problem – in this case, public health hazards at election time – would take precedence over an earlier, general law (i.e. the ERO) which addresses emergencies and public dangers generally but does not address the 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 

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

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