Chung & Kwan Solicitors Got the Law Completely Wrong
Hong Kong Law Firm Chung & Kwan Solicitors Got the Law Completely Wrong
[2021] HKLdT 37 - LDBM 56/2020 - https://legalref.judiciary.hk/
//On 11 May 2020 the respondent’s then solicitors, Messrs Chung & Kwan, gave a reply letter and refused to convene such a meeting on the ground, inter alia, that convening such meeting is not an exemption under the Regulation as the IO is not a statutory body. The same contention was repeated in paragraph 8(d) of the respondent’s Notice of Opposition filed on 22 July 2020...
... the Secretary for Food and Health has clarified and confirmed that the requested meeting would be an exempted group gathering under Schedule 1 of the Regulation, and in particular paragraph 11(a) of Schedule 1 of the Regulation is applicable to the requested meeting as contended by the applicant.
... It is clear that paragraph 11(a) of Schedule 1 would be able to give an exemption for the respondent to convene the requested meeting of the IO, and it is wrong for the respondent to insist that the meeting should be held after the Regulation has ended.
It is also wrong for the respondent to insist that the meeting should be held after the pandemic has subsided. No one knows when the pandemic would subside. To insist on such an event to occur, it is equivalent to postponing the meeting indefinitely. It is unreasonable for the respondent to delay the meeting by imposing such a condition when there are statutory deadlines for her to comply with.//
The Prevention and Control of Disease (Prohibition on Group Gathering) Regulation, Cap 599G: https://www.elegislation.gov.hk/hk/cap599G!en-zh-Hant-HK?INDEX_CS=N
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