Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Monday, Mar 27, 2023

Over 20,000 vaccine exemptions remain valid as SAR loses judicial review

Over 20,000 vaccine exemptions remain valid as SAR loses judicial review

Over 20,000 vaccine exemption certificates issued by the seven arrested doctors will remain valid, a High Court judge ruled Friday, overthrowing the health minister's decision to invalidate these certificates as Kwok Cheuk-kin, dubbed the “King of Judicial Review” triumphed in this legal bid.
Speaking to media outside the court building, Kwok said he was delighted to hear that he had won this review against the government and he could finally have a good night's sleep. He added that his victory indicated how justice is served.

Attending a press conference this afternoon, Secretary for Health Lo Chung-mau said he will study the judgment with the Department of Justice and then announce their next move on the matter.

In the written judgment released Friday, Justice Russell Colemen said, “A government minister gets his or her legal powers from legislation – and not from an announcement made in a press release.”

Coleman agreed with Kwok that the secretary doesn't have the legal powers to do so, saying it “is not permissible under the legal powers which the secretary has, properly constructed.”

Yet, Coleman didn't find Lo's decision irrational.

“If the secretary has a discretion to overrule the validity of medical exemption certificates, I am inclined to agree … that the decision and directions reflect an acceptable risk assessment by the secretary in weighing and balancing different competing considerations and choosing the best course to take as a matter of public health.

“And that the Secretary did not thereby unlawfully fetter the discretion,” Coleman added.

Coleman also ordered Lo to pay all legal costs of the judicial review.

A total of seven doctors were arrested throughout the city for allegedly issuing and “selling” fraudulent exemption certificates without actually assessing the patients' condition.

The government later announced in a press release that Lo had decided to exercise his powers and invalidate over 20,000 exemption certificates by these doctors but didn't provide any legal basis. Kwok, a Cheung Chau resident, then filed a judicial review to the High Court to challenge the government.

Kwok earned his “title” by occasionally challenging the government on a diverse range of social matters. In November 2020, he filed a judicial review to challenge police's “Raptors” unit for not displaying their ID numbers. A month later, he filed another review against the anti-mask law.

The most recent one was filed in December last year as he questioned authorities' move to ban media from monitoring the poll stations of the Legislative Council election.

Related Articles

Hong Kong News
In a dramatic U-turn against His Government: Judicial Overhaul Legislation Must Be Halted, Says Israeli Defense Minister Yoav Gallant
Powell: Silicon Valley Bank was an 'outlier'
Bordeaux town hall set on fire in France pro democracy protest
Police violence in Paris
Paris: Some of the police are stepping down and showing solidarity with the protesters.
Donald Trump arrested – Twitter goes wild with doctored pictures
NYPD is setting up barricades outside Manhattan Criminal Court ahead of Trump arrest.
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Goldman Sachs cuts outlook for European bank debt over Credit Suisse crisis
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
The BBC problem about China
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
Announcing GPT-4
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
'No relation to the American SVB': India's SVC Bank acts to calm depositors amid brand name confusion.
Good news: The U.S. government is now guaranteeing all deposits, held by, Silicon Valley Bank, and the funds are available as of today
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
Saudi Arabia has announced a major breakthrough in diplomacy with Iran after two years of intense talks
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
A primitive judge in Australia sparked outrage when he told a breastfeeding woman to leave his courtroom for being “a distraction"
Barcelona is feeling the heat as they face corruption charges over payments to former vice-president of Spain's referees' committee, Jose Maria Enriquez Negreira
Banking regulators close SVB, the largest bank failure since the financial crisis
Silicon Valley Bank: Struggles Threaten Tech Startup Ecosystem"
The unelected UK Prime Minister Rishi Sunak, an immigrant himself, defends new controversial crackdown on illegal migration
Old clip of Bill Gates saying Ukraine is a big, fat, corrupt sinkhole is going viral
Man’s penis amputated by mistake after he’s wrongly diagnosed with a tumour
2 universities in Hong Kong embrace use of ChatGPT, other AI tools
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
Missing Chinese banker was working to set up Singapore family office
Hong Kong ditches Covid mask mandate after 945 days
Xi Jinping and His Wife Meet with Cambodian King Norodom Sihamoni and Queen Mother Norodom Monineath Sihanouk
How do stolen goods end up on Amazon, eBay and Facebook Marketplace?
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Is Gold the Ultimate Safe Haven Asset in Times of Uncertainty?
Spain officials quit over trains that were too wide for tunnels...
Hello. Here is our news digest from London.