“Since January, we have been fighting the pandemic for seven months. This pandemic has dealt a severe blow to our economy, ”he said. “Some people have said that if I don’t postpone the elections, they could take legal action … while others have said that if they postpone it, they should explain it clearly.”
Lam said he was invoking the colonial-era Emergency Regulations Ordinance to delay elections from September 6 this year to September 5 next, and his decision was fully supported by the central government.
According to the city’s mini-constitution, the Basic Law, each Legco term could only last four years, said the executive director, and that would raise legal questions.
To resolve them, he submitted an emergency report to the State Council in Beijing, which informed him that the central government would ask China’s highest legislative body, the Standing Committee of the National People’s Congress, to make a decision on pending legal and constitutional issues. .
This would mark the second time in a year that Lam has invoked such powers, first introduced nearly a century ago under British colonial rule. She used the law last October to ban the wearing of masks by protesters who concealed their identities during anti-government protests.
Lam cited examples from other governments that postponed elections, saying more than 60 countries had done so since July 15, and only 49 countries had followed up with their scheduled polls.
“In Britain, an emergency law was passed to postpone an election in May for one year,” he said, adding that an Australian election was also postponed for 12 months.
“If we continue with our election, millions of voters will visit the polling stations on the same day. The risk of infection would be very high. “
Lam noted that despite preventative measures, new coronavirus infections since July had increased by 1,852, an increase of 140 percent compared to the first six months.
“We are particularly concerned about the situation in nursing homes … and there is no sign that the situation in the city is improving,” he said. “The situation has been more critical since January 2020, as the virus will continue to spread in the city and the risk of large-scale community outbreaks has increased every day.”
On the logistical challenge in the midst of a public health crisis, Lam said the government would have to recruit 34,000 election officials and that large crowds would be on the streets on the day of the vote.
He noted that registered voters living across the border in mainland China will not be able to cast their vote with quarantine measures that prevent travel.
Social distancing measures have also made it difficult for candidates to continue their campaign, he added.
His announcement came after the two-week nomination period closed at 5 pm and a dozen opposition candidates were disqualified on Thursday.
The decision throws up a series of legal questions, including whether the council’s sessions could be extended and for how long, and whether the disqualified would still act as lawmakers.
In a previously released statement, 22 pandemic lawmakers, including four who were barred from seeking another term, said the Legislative Council elections were a central element of Hong Kong’s constitutional base.
“According to the Legco Ordinance, polls can only be postponed for 14 days,” the statement said. “To postpone it [beyond that] is to unleash a constitutional crisis in the city. “
“After a year of democratic movement, it is urgent that Legco be baptized with public opinion, that is the root of the city’s governance … The government and the whole of society must do everything possible to guarantee that the general elections can be held as planned. “
The official Xinhua News Agency reported on Wednesday that the Standing Committee of the National People’s Congress will meet again in Beijing from August 8-11 to discuss a series of laws. No Hong Kong-related issue has yet been placed on the agenda. The opposition also accused the government of trying to deprive residents of their right to vote.
“Hong Kong’s constitutional and legal frameworks would not allow such manipulation,” the statement said. “It was also suggested that the National People’s Congress will intervene … that would mean the total collapse of our constitutional order.”
The camp noted that more than 60 countries or regions around the world had successfully held elections during the pandemic, either on time or with a short delay. Hong Kong authorities should learn from his examples, he said.
The postponement came a day after the opposition camp suffered a heavy blow to 12 members, including veteran and moderate politicians, as their candidacy was invalidated by returning officials, while the government warned that more could be disqualified. .
At least 22 other opposition hopefuls are still awaiting the return of the officers’ verdicts on their applications.
In letters to the applicants on Thursday, election officials cited the city’s new national security law and previous calls from pandemocrats for foreign governments to sanction Beijing and Hong Kong as reasons to ban four incumbent lawmakers: Alvin Yeung Ngok-kiu of the Civic Party. , Dennis Kwok and Kwok Ka-ki, as well as accounting sector legislator Kenneth Leung.
Other disqualified opposition figures included Joshua Wong Chi-fung, Ventus Lau Wing-hong, Gwyneth Ho Kwai-lam, and Alvin Cheng Kam-mun, along with District Councilors Cheng Tat-hung, Lester Shum, Tiffany Yuen Ka-wai and Fergus Leung Fong -wai.
Returning officials cited similar reasons for their invalidation and their previous vote to reject the government budget and other bills, should the bloc win an unprecedented majority in the legislature.
The government warned that more candidates could face the same fate. But a source familiar with the matter said no further disqualifications would be announced Friday. “But returning offices are empowered to do so after the nomination period closes on Friday,” the source said.
Lilian Cheng’s Additional Reports
