Lam Cheng, Carrie Yuet Ngor 林鄭月娥
HK is running out of time to re-join the World
As our Editor sits in the air-lock waiting to re-enter HK, he looks at the now-unconstitutional quarantine regulations and the harm they are doing to HK. (5-May-2022)
As our Editor sits in the air-lock waiting to re-enter HK, he looks at the now-unconstitutional quarantine regulations and the harm they are doing to HK. (5-May-2022)
Observations on Next Digital (0282)
A Financial Inspector has not been appointed in HK since last century, before the SFC gained new powers under the SFO in 2003. Now, Financial Secretary Paul Chan, who will neither confirm nor deny plans to run for CE, is throwing this redundant tool at Next Digital. (28-Jul-2021)
A Financial Inspector has not been appointed in HK since last century, before the SFC gained new powers under the SFO in 2003. Now, Financial Secretary Paul Chan, who will neither confirm nor deny plans to run for CE, is throwing this redundant tool at Next Digital. (28-Jul-2021)
Carrie Lam, Broadcaster-in-Chief
Contradicting a 2018 statement to LegCo, the HK Govt is now in the TV distribution business, removing competition and exclusivity by buying the Tokyo Olympics with your tax dollars and sublicensing them for free, risking a thinning-out of coverage. What next? (11-May-2021)
Contradicting a 2018 statement to LegCo, the HK Govt is now in the TV distribution business, removing competition and exclusivity by buying the Tokyo Olympics with your tax dollars and sublicensing them for free, risking a thinning-out of coverage. What next? (11-May-2021)
HK employers must eat this free lunch
An economically illiterate leadership has decided to spray HK$80bn at HK's economy, benefitting employers who had no intention of making lay-offs, by paying the firms up to HK$54k per job. Some firms have even prospered during COVID-19. It's a wasteful way to return hoarded reserves to the economy, but all companies now have a legal duty to shareholders to eat this free lunch. They should resist any Government pressure to not collect it. (9-Apr-2020)
An economically illiterate leadership has decided to spray HK$80bn at HK's economy, benefitting employers who had no intention of making lay-offs, by paying the firms up to HK$54k per job. Some firms have even prospered during COVID-19. It's a wasteful way to return hoarded reserves to the economy, but all companies now have a legal duty to shareholders to eat this free lunch. They should resist any Government pressure to not collect it. (9-Apr-2020)
24 legislators v CE in Council & others
HK Court of Appeal, 9-Apr-2020
The CA overturns the CFI and rules that the Emergency Regulations Ordinance is constitutional. It also rules that the anti-mask regulation made under the ERO is constitutional for unauthorized assemblies, but it upholds the CFI's ruling that the regulation is unconstitutional in the case of authorized meetings and marches. We expect both sides to go to the Court of Final Appeal.
HK Court of Appeal, 9-Apr-2020
The CA overturns the CFI and rules that the Emergency Regulations Ordinance is constitutional. It also rules that the anti-mask regulation made under the ERO is constitutional for unauthorized assemblies, but it upholds the CFI's ruling that the regulation is unconstitutional in the case of authorized meetings and marches. We expect both sides to go to the Court of Final Appeal.
Carrie Lam risks international travel ban on HK residents
Once again Mrs Lam is putting "One Country" ahead of "Two Systems". By keeping a porous border while imposing an unprecedented lockdown within HK, we risk an escalation of confirmed cases of 2019-nCoV and a consequent inclusion in the entry bans now imposed by Singapore and USA which other countries are likely to follow. Mrs Lam, stand up for Hong Kong. (1-Feb-2020)
Once again Mrs Lam is putting "One Country" ahead of "Two Systems". By keeping a porous border while imposing an unprecedented lockdown within HK, we risk an escalation of confirmed cases of 2019-nCoV and a consequent inclusion in the entry bans now imposed by Singapore and USA which other countries are likely to follow. Mrs Lam, stand up for Hong Kong. (1-Feb-2020)
Getting to 601: How Beijing controls the HK Chief Executive election
Carrie Lam continues to peddle the lie that the Chief Executive Election Committee is "broadly representative", often unchallenged by foreign media. We explain exactly how it is rigged, and how with enough political courage, she could unrig it and introduce democracy through local legislation, without Beijing's approval. (28-Jan-2020)
Carrie Lam continues to peddle the lie that the Chief Executive Election Committee is "broadly representative", often unchallenged by foreign media. We explain exactly how it is rigged, and how with enough political courage, she could unrig it and introduce democracy through local legislation, without Beijing's approval. (28-Jan-2020)
24 legislators v CE in Council & others
HK Court of Appeal, 10-Dec-2019
The court refuses the Government's applications for a Temporary Validity Order for the anti-mask law or a Temporary Suspension Order of the Court of First Instance judgment that the ERO (in cases of public danger) and most of the PFCR (even if passed by LegCo) are unconstitutional. The substantive appeal will be heard on 9-10 January 2020.
HK Court of Appeal, 10-Dec-2019
The court refuses the Government's applications for a Temporary Validity Order for the anti-mask law or a Temporary Suspension Order of the Court of First Instance judgment that the ERO (in cases of public danger) and most of the PFCR (even if passed by LegCo) are unconstitutional. The substantive appeal will be heard on 9-10 January 2020.
24 legislators v CE in Council & others
HK Court of First Instance, 22-Nov-2019
The judges decline to grant a Temporary Validity Order or a Suspension Order, but grant A 7-day interim suspension order to give time for the respondents to apply to the Court of Appeal for interim relief.
HK Court of First Instance, 22-Nov-2019
The judges decline to grant a Temporary Validity Order or a Suspension Order, but grant A 7-day interim suspension order to give time for the respondents to apply to the Court of Appeal for interim relief.
24 legislators v CE in Council & others
HK Court of First Instance, 18-Nov-2019
Justices Anderson Chow and Godfrey Lam rule that the Emergency Regulations Ordinance, in cases of public danger, is unconstitutional; the CE cannot bypass LegCo and make laws on her own. They also rule that the anti-mask law, even if passed by LegCo, would be unconstitutional except for the subsection outlawing masks in unlawful assemblies.
HK Court of First Instance, 18-Nov-2019
Justices Anderson Chow and Godfrey Lam rule that the Emergency Regulations Ordinance, in cases of public danger, is unconstitutional; the CE cannot bypass LegCo and make laws on her own. They also rule that the anti-mask law, even if passed by LegCo, would be unconstitutional except for the subsection outlawing masks in unlawful assemblies.
CE Carrie Lam extends term of Justice Esther Toh Lye-ping for 2 years from 25-Oct-2019
HK Gazette, 1-Nov-2019
The judge will turn 69 in 2021.
HK Gazette, 1-Nov-2019
The judge will turn 69 in 2021.
Empress Carrie Lam off to Naruhito's enthronement
HK Government, 20-Oct-2019
Under Basic law Article 13, foreign affairs are a matter for the Chinese Government. Still, with the recent Emergency Regulations she has been behaving somewhat like an absolute ruler.
HK Government, 20-Oct-2019
Under Basic law Article 13, foreign affairs are a matter for the Chinese Government. Still, with the recent Emergency Regulations she has been behaving somewhat like an absolute ruler.
ERO: one judicial review, two judges
Webb-site has learned that in a very rare move, the Chief Justice has directed that 2 judges sit together in the Court of First Instance to hear the judicial review of the Chief Executive's use of the Emergency Regulations Ordinance. (16-Oct-2019)
Webb-site has learned that in a very rare move, the Chief Justice has directed that 2 judges sit together in the Court of First Instance to hear the judicial review of the Chief Executive's use of the Emergency Regulations Ordinance. (16-Oct-2019)
Carrie Lam and the separation of powers
After trying to breach the firewall between the 2 Systems with the Extradition Bill, she's at it again, invoking the ERO to enact law by regulation. The PFCR, which she says is subsidiary legislation, sets penalties higher than permitted by Ordinance. Subsidiary legislation cannot override existing Ordinances, so she had better not try. Meanwhile, basic maths and weekend events suggest the anti-mask law fails the rational connection test and is unconstitutional. (8-Oct-2019)
After trying to breach the firewall between the 2 Systems with the Extradition Bill, she's at it again, invoking the ERO to enact law by regulation. The PFCR, which she says is subsidiary legislation, sets penalties higher than permitted by Ordinance. Subsidiary legislation cannot override existing Ordinances, so she had better not try. Meanwhile, basic maths and weekend events suggest the anti-mask law fails the rational connection test and is unconstitutional. (8-Oct-2019)
24 legislators v CE in Council & others
HK Court of First Instance, 8-Oct-2019
Justice Godfrey Lam declines to grant an interim injunction against the Prohibition of Face Coverings Regulation issued by CE Carrie Lam under the Emergency Regulations Ordinance.
HK Court of First Instance, 8-Oct-2019
Justice Godfrey Lam declines to grant an interim injunction against the Prohibition of Face Coverings Regulation issued by CE Carrie Lam under the Emergency Regulations Ordinance.
Govt weighing up using emergency law: Teresa Cheng
| The ERO
RTHK, 11-Sep-2019
In constitutional terms, it's like weighing up whether to launch thermonuclear war. At least the Govt was going to ram the Extradition Bill through LegCo rather than just make laws on its own, destroying the separation of powers between the Executive and Legislative branches of Government. That's what the Emergency Regulations Ordinance can do, and more.
RTHK, 11-Sep-2019
In constitutional terms, it's like weighing up whether to launch thermonuclear war. At least the Govt was going to ram the Extradition Bill through LegCo rather than just make laws on its own, destroying the separation of powers between the Executive and Legislative branches of Government. That's what the Emergency Regulations Ordinance can do, and more.
The most likely outcome for HK
A systemically unstable equilibrium of civil liberties without democracy may have irrevocably tipped towards an authoritarian outcome. We suggest a way to salvage the situation, but we consider the most likely outcome is now a crackdown. We look at what form that might take, the possible aftermath and the looming 2047 expiry of Basic Law promises. (3-Sep-2019)
A systemically unstable equilibrium of civil liberties without democracy may have irrevocably tipped towards an authoritarian outcome. We suggest a way to salvage the situation, but we consider the most likely outcome is now a crackdown. We look at what form that might take, the possible aftermath and the looming 2047 expiry of Basic Law promises. (3-Sep-2019)
Amid crisis, China rejected HK plan to appease protesters - sources
Reuters, 30-Aug-2019
Comment: this confirms that although CE Carrie Lam has constitutional autonomy to administer HK, respond to protesters' demands and withdraw bills from the legislature, she is following Peking's directions. How lame, Mrs Lam. A "high degree of autonomy" is worthless unless you are prepared to exercise it.
Reuters, 30-Aug-2019
Comment: this confirms that although CE Carrie Lam has constitutional autonomy to administer HK, respond to protesters' demands and withdraw bills from the legislature, she is following Peking's directions. How lame, Mrs Lam. A "high degree of autonomy" is worthless unless you are prepared to exercise it.
Term of office of Bebe Chu Pui Ying, Judge of the Court of First Instance, extended to 24-Jun-2021 by Chief Executive Carrie Lam
HK Gazette, 28-Jun-2019
HK Gazette, 28-Jun-2019
An investor's vision for the future of HK (podcast)
Bloomberg, 22-Jun-2019
Webb on corporate governance, small caps, the Extradition Bill and the future of HK & China.
Bloomberg, 22-Jun-2019
Webb on corporate governance, small caps, the Extradition Bill and the future of HK & China.
Why Carrie Lam must go
The "suspension" of the Extradition Bill, which will likely lapse in July 2020, is not the end of an increasing erosion of HK's autonomy. With a rubber-stamp legislature, the only thing that now prevents draconian legislation is massive public pressure. Mrs Lam has irrevocably lost the public trust. Beijing will hold her accountable for the loss of control last week, after a suitable interval to disconnect the issues, but this will not prevent the increasing erosion of HK's autonomy. (16-Jun-2019)
The "suspension" of the Extradition Bill, which will likely lapse in July 2020, is not the end of an increasing erosion of HK's autonomy. With a rubber-stamp legislature, the only thing that now prevents draconian legislation is massive public pressure. Mrs Lam has irrevocably lost the public trust. Beijing will hold her accountable for the loss of control last week, after a suitable interval to disconnect the issues, but this will not prevent the increasing erosion of HK's autonomy. (16-Jun-2019)
HK Government invasion of the housing market
HK Chief Executive Carrie Lam has ended her first year with a new set of interventions, building on the crumbling foundations of her predecessors. It's time for a major policy rethink. A government's role is to ensure that people have a home, not that they own one. And the government doesn't need to own homes either. (2-Jul-2018)
HK Chief Executive Carrie Lam has ended her first year with a new set of interventions, building on the crumbling foundations of her predecessors. It's time for a major policy rethink. A government's role is to ensure that people have a home, not that they own one. And the government doesn't need to own homes either. (2-Jul-2018)
Carrie Lam's latest assault on free markets
The Government is threatening to broaden rather than repeal a restriction on the resale of event tickets in HK, a restriction which is probably unconstitutional anyway. This runs against the interests of event organisers and performers who benefit from the secondary market as we explain. It also runs against the broader public interest in consumer choice. Let the market function, and repeal section 6 of the POPE Ordinance. What next - a restriction on reselling wine or IPO shares for a profit? (17-Apr-2018)
The Government is threatening to broaden rather than repeal a restriction on the resale of event tickets in HK, a restriction which is probably unconstitutional anyway. This runs against the interests of event organisers and performers who benefit from the secondary market as we explain. It also runs against the broader public interest in consumer choice. Let the market function, and repeal section 6 of the POPE Ordinance. What next - a restriction on reselling wine or IPO shares for a profit? (17-Apr-2018)
The CE's damaging tax proposals: a better approach
The Government proposes distortive gimmicks and loopholes rather than addressing structural issues. Public expenditure has grown faster than GDP, breaching the Basic Law. Revenues have grown even faster, draining capital from the economy. Time to return it. A flat rate of 10% for Profits Tax and Salaries Tax is entirely affordable. What is R&D anyway? New armies of tax consultants and assessors do not make our economy more productive. (24-Oct-2017)
The Government proposes distortive gimmicks and loopholes rather than addressing structural issues. Public expenditure has grown faster than GDP, breaching the Basic Law. Revenues have grown even faster, draining capital from the economy. Time to return it. A flat rate of 10% for Profits Tax and Salaries Tax is entirely affordable. What is R&D anyway? New armies of tax consultants and assessors do not make our economy more productive. (24-Oct-2017)
Carrie Lam among those at mass for jailed former HK leader
South China Morning Post, 30-Mar-2017
From across the political spectrum - in HK, religion trumps politics. When she becomes Chief Executive, Mrs Lam will have the power to pardon Donald Tsang.
South China Morning Post, 30-Mar-2017
From across the political spectrum - in HK, religion trumps politics. When she becomes Chief Executive, Mrs Lam will have the power to pardon Donald Tsang.
West Kowloon needs tender care
We urge the board of WKCDA, which was bypassed for months in the planning of the Palace Museum, to put the main architectural services contract out to tender, given that there is still no binding contract with Rocco Yim's company. Let him compete for the work, in line with HK's commitments to free and fair trade under WTO obligations. We estimate the contract size at HK$140m. (6-Feb-2017)
We urge the board of WKCDA, which was bypassed for months in the planning of the Palace Museum, to put the main architectural services contract out to tender, given that there is still no binding contract with Rocco Yim's company. Let him compete for the work, in line with HK's commitments to free and fair trade under WTO obligations. We estimate the contract size at HK$140m. (6-Feb-2017)
A.S. Watson: not its 175th anniversary
How do you get the Government to endorse your 175th anniversary of founding? Start by revising your company history. Webb-site reveals the inconvenient truth. (15-Dec-2015)
How do you get the Government to endorse your 175th anniversary of founding? Start by revising your company history. Webb-site reveals the inconvenient truth. (15-Dec-2015)
Germany shows unity with HK protesters
An interesting speech from the Consul-General at last night's celebrations of German Unity Day. (8-Oct-2014)
An interesting speech from the Consul-General at last night's celebrations of German Unity Day. (8-Oct-2014)
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