Govt's Bid To Cancel Vaccine Exemption Papers Quashed

The High Court on Friday quashed the government's decision to invalidate some 20,000 Covid vaccine exemption certificates issued by seven doctors, ruling that Health Secretary Lo Chung-mau has no power to do so.

A judicial review challenging the decision was brought by Cheung Chau resident Kwok Cheuk-kin, dubbed the king of judicial reviews, after the authorities accused the doctors of issuing the documents without holding proper medical consultations.

Kwok's lawyer argued that the 599 Prevention and Control of Disease Ordinance doesn’t give the health minister the specific legal power to invalidate or overturn exemption certificates.

The government’s lawyer, however, described the invalidation decision announced in a press release late last month as an administrative one – derived from broad and flexible powers the minister has from the ordinance.

Judge Russell Coleman began his 68-page ruling by saying that "a government minister gets his or her legal powers from legislation – and not from an announcement made in a press release."

He said it's clear from the law that a registered medical practitioner is tasked to decide whether a person is clinically unsuitable for vaccination.

Justice Coleman also ordered the minister to pay for his legal costs in this case.

Kwok said outside court that this case shows Hong Kong is still a place for the rule of law.

The health minister on Friday afternoon said he hasn't had a chance to read the ruling, and he will study the judgement with the Department of Justice before making a formal response.