10 May 2006
LEUNG KWOK HUNG AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
- Citation
- LEUNG KWOK HUNG AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
- Court
- Court of Appeal
- Case number
- CACV73/2006
The Court held the Executive Order are administrative directions and do not constitute "legal procedures" under Article 30, so cannot validly impinge fundamental communication privacy rights; the Chief Executive was not under a judicially enforceable duty to bring the IOC Ordinance into force at any particular time; nevertheless, in exceptional circumstances the court has inherent jurisdiction to suspend the effect of a declaration of invalidity and temporarily validate otherwise invalid measures for a limited period to avoid a legal vacuum and preserve the rule of law; accordingly the appeal…