Hong Kong Basic Law(HKBL),Hong Kong Bill of Rights Ordinance(HKBORO),Emergency Regulations Ordinance(ERO),and Prevention and Control of Disease Ordinance(PCDO)together constitute the emergency law in the HKSAR.Being enacted by different organs at different times for different purposes,these statutes are disconnected from each other.Such disconnection not only makes it difficult to understand the emergency powers in Hong Kong but also leaves the Hong Kong government hesitant while exercising emergency powers.To resolve the emergency powers dilemma facing the HKSAR,one should make a holistic and consistent interpretation of the existing emergency law,including statute law and case law.In the anti-mask law cases,courts of the HKSAR maintained the constitutionality of the ERO and confirmed that the ERO may empower the Chief Executive to make rights-restricting subordinate legislation.In the Vaccine Pass cases,courts of the HKSAR examined the legality of the subordinate legislation made under the PCDO and clarified the requirements for subordinate legislation to restrict fundamental rights.The key to understanding the emergency powers of the HKSAR is to dis-tinguish between local emergencies and national emergencies,differentiate between emergency and state of emergency,clarify the options under the executive-led system,and ascertain vertical and horizontal power supervision mechanisms.
HKSAREmergency PowersFundamental RightsEmergencyState of Emergency
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