High Court Throws Out Challenge Against Vaccine Pass

The High Court on Wednesday refused to hear a challenge against the government’s vaccine mandate, as it ruled that the policy is reasonable given the higher risk for unvaccinated people to contract Covid-19 at crowded places.

The applicant, Law Yee-mei, asked for leave for a judicial review against the vaccine pass. She also wanted authorities to remove places that she said are necessary for people’s basic livelihood.

Law, who’s unjabbed against Covid, argued that the government has acted in excess of its powers by denying the unvaccinated their basic human rights to access services and goods.

But Justice Russell Coleman refused to grant leave, saying Law’s case is not reasonably arguable.

Coleman said the vaccine pass is imposed on a limited number of specific premises with considerable flow of people and thus give a higher risk of Covid transmissions, and that people can avoid such places if they want to.

"The relevant activities and/or services involved at those specified premises are not of absolute necessity, where residents have many alternatives for conducting similar activities and/or obtaining similar services, " he said in the written judgement.

Noting that Hong Kong is a densely populated place with a “highly mobile” population, Coleman said the recent surge in infections has shown that the unvaccinated face far greater impact compared to those who've taken Covid jabs.

"Reducing the circumstances in which unvaccinated people attend places conducive to high rates of transmission, and encouraging unvaccinated people to become vaccinated, can properly be regarded as a suitable public health aim in Hong Kong," he added.

Coleman noted that it's not legally required for people to be vaccinated either: “Whether or not to be vaccinated remains absolutely the choice of the resident.”

He did not order Law to pay costs, saying while her case lacks merit, it broadly satisfied criteria as a public interest litigation.