Judge finds no racism in forcing Hong Kong resident returning from Pakistan into government quarantine
- Syed Agha Raza Shah had claimed he should have been allowed to serve out his two weeks of isolation at home or in a hotel, as returnees from other countries were
- But court dismisses argument, finding the measure justified on public health grounds and anyone, regardless of background, coming back from the South Asian country faced same restriction
Mr Justice Anderson Chow Ka-ming on Wednesday explained why he dismissed an application for a writ of habeas corpus sought by Hong Kong resident Syed Agha Raza Shah, who was sent to the Chun Yeung Estate quarantine centre in Fo Tan for 14 days beginning April 29.
His lawyers argued his right to liberty, as guaranteed by Article 6 of the Hong Kong Bill of Rights, was infringed upon as a result of the measure the government has imposed on all arrivals from outside China since March 19.
While the judge recognised a person’s liberty is significantly restricted during compulsory quarantine, he considered the measure proportionate and this case to be a lawful exercise of the Department of Health’s powers under the Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation.
A government counsel said the restriction was imposed on any person arriving from Pakistan, or who had stayed in the country in the past 14 days before returning to Hong Kong.
That was accepted by Chow, who found this meant a Chinese or a person of any nationality or race arriving from Pakistan was also required to be quarantined at the centre for 14 days.
“The applicant’s complaint of discrimination on the ground of national origin or race is based on the incorrect premise that he is required to undergo quarantine at the centre because of his national origin or race,” Chow wrote. “As a matter of fact, in the past few months, persons of over 30 nationalities from other places … have been subject to the same requirement.”
These places included Hubei province in mainland China, two districts of South Korea, three provinces in Italy and those on board the Diamond Princess cruise that was docked in Japan.
Chow found the measure proportionate because it served and was rationally connected to a legitimate aim of safeguarding public health, which he considered to be “a matter of paramount importance”.
“The court recognises that subjecting a person to quarantine at a designated quarantine centre involves a significant restriction of that person’s liberty, but considers that the gravity of the restriction is somewhat ameliorated by the fact that it is for a short period of time only and takes place in a quarantine centre setting,” Chow wrote. “I am not persuaded that the pursuit of the societal interest results in an unacceptably harsh burden on the applicant.”
Nine returnees from Pakistan have tested positive for coronavirus since April 29.
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