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
- CACV87/2006
Court held the Executive Order does not constitute "legal procedures" under Article 30 and restrictions on the freedom and privacy of communication must be prescribed by law meeting legal certainty and proportionality; s.33 (and related Executive Order) were declared inconsistent with the Basic Law/Bill of Rights but the court has jurisdiction in truly exceptional circumstances to suspend the effect of such declarations temporarily to avoid a legal vacuum and preserve the rule of law; the Chief Executive was not under a legally enforceable duty to bring the IOC Ordinance into force at any par…