Can Hong Kong leader Carrie Lam issue an emergency edict? Yes, but the legislature needs to approve it
- One of Lam’s advisers said such a move would not need Legco approval, but Hong Kong itself told a UN commission in 1999 it would be subject to vetting
- Legislation would confer upon administration very broad powers, if chief executive decides city is in state of ‘emergency or public danger’
Hong Kong lawmakers will have the final say on any potential regulations emanating from the use of emergency powers, a Post review has found, but these will have to wait until after the legislature is back in session in mid-October.
Embattled Hong Kong leader Carrie Lam Cheng Yuet-ngor has not ruled out issuing a directive under the Emergency Regulations Ordinance as the city entered the 81st day of unrest, surpassing the 79 days of the Occupy protests in 2014.
The legislation would confer upon the administration very broad powers, if Lam eventually decided the prevailing situation in the city could be one “of emergency or public danger”. Local authorities could have the power to arrest, detain, censor media and amend or suspend any laws in operation.
Section 2 (3) of the ordinance says that any emergency regulations “shall continue in force until repealed by order of the Chief Executive in Council”, referring to the city leader and his or her de facto cabinet.
One of her advisers, Senior Counsel Ronny Tong Ka-wah, earlier publicly supported the proposal and said such orders did not need the Legislative Council’s approval.