Ruling over fake jab papers serves as legal reminder on Hong Kong policies
- The case may have caused inconvenience to the government, but it demonstrates Hong Kong’s rule of law is working
The scandal over fake vaccine exemption certificates raised serious concerns about public health. Officials moved to invalidate more than 20,000 of the suspect documents issued by seven doctors.
Now they must think again. Last week, a court ruled there was no legal power permitting the government to render the certificates invalid. The ruling is significant on several levels.
Chief Executive John Lee Ka-chiu responded by pledging his administration would abide by the law and respect the judgment. Legal advice on the best way forward is being provided.
Appealing against the ruling might not be the best strategy. The arguments the government presented were not convincing. Mr Justice Russell Coleman said there had been an attempt to “play with words” and to “rewrite the historical narrative”.
The judge found there was no lawful mechanism for officials to invalidate the certificates. Coleman said the government appeared to have failed to consider the legal implications before announcing the move.
As he said, a minister’s legal powers come from legislation, not a press release. Officials were acting in the interests of public health. Holders of the fake certificates can use them to effectively circumvent the vaccine pass scheme, but no matter how desirable the policy, it must comply with the law.