Judicial review against vaccination pass thrown out by High Court

The High Court on Wednesday rejected a woman’s application for judicial review against the government’s “vaccine pass” arrangement, with the judge saying the policy “strikes a reasonable balance” between public health and individual’s rights. 

The vaccine pass arrangement covers restaurants, malls, supermarkets, gyms, and cinemas and has taken effect since February 24, granting entry only to those who have received at least one dose of the Covid-19 vaccine. 

The application was filed by female citizen Law Yee-mei. She listed Chief Executive Carrie Lam Cheng Yuet-ngor, Secretary for Food and Health, Sophia Chan Siu-chee, and Secretary for Innovation and Technology, Alfred Sit Wing-hang, as the respondents. 

Law in the writ said that the arrangement denied her the right to apply for property agent license exams and deprived her of job opportunities and to enter wet markets and supermarkets to buy daily necessities. The arrangement also forces her to buy takeaway and “hunt for public places to eat” while being denied access to all public facilities. 

Yet, High Court judge Russell Coleman in his written judgment dated Wednesday, rejected her challenge, and said the measure to him seems to strike a reasonable balance between the protection of public health and the restricting of Lai’s individual rights. 

He highlighted several points when explaining and said that Hong Kong is a geographically small, densely populated, and highly urbanized area with a high level of mobility. 

He continued that the arrangement applies on a limited number of specified premises “with considerable ‘footfall’ and flow of people” and noted that “the relevant activities or services involved … are not of absolute necessity.” 

“The [vaccine pass] Regulation also embodies a range of exemptions to cater to residents’ crucial needs and limit some of the inconvenience otherwise caused,” Coleman wrote. 

He also noted that the arrangement will expire on December 31, 2022, and Hongkongers are currently not required by the law to get vaccinated. 

Coleman underlined that Lai chooses whether or not to be vaccinated and added, “it can be noted that she has actually made that choice.” 

The judge identified the twin purposes of the measure – to encourage unvaccinated people to get Covid shots and to reduce the presence of unvaccinated people in locations where Covid is likely to be transmitted. 

He pointed out there are outdoor markets and stalls that are not subjected to the vaccine pass arrangement, as well as online stores where Lai can purchase daily necessities. 

He wrote, “it is not arguable to suggest that Lai’s human dignity has been degraded” as well.