INTA member China’s first Foreign IP Lawyer
Edward LEHMAN
雷曼律师博士
China Lawyer Foreign Legal Counselor
legal commentator and managing director of Lehman, Lee & Xu IP Law Firm on China24 CGTN 中央电视台 answers questions on Hong Kong’s government power over legislative & judicial branches regarding the face mask ban. HK Justice dept. court appeal on anti-mask law suggests it is so. The argument submitted to Court of Appeals suggests administration may make decisions with implications on judicial oversight and legislation. Mask ban was set up to quell protests was earlier ruled unconstitutional by High Court, prompting appeal by government. Hong Kong’s justice department reported courts have been “executive-led” on constitutional matters instead of being governed by the principle of a pure separation of powers, fuelling an ongoing legal debate over the validity of the anti-mask law. The High Court had previously found the ban on masks – which was introduced to quell the anti-government movement – unconstitutional, ruling that the chief executive had displaced the power of the legislature by invoking an emergency law. HK government brought a case to Court of Appeals in a bid to reinstate the ban, hearing is set for 12-10-19.