9 Feb 2006
LEUNG KWOK HUNG AND ANOTHER v. HKSAR
- Citation
- LEUNG KWOK HUNG AND ANOTHER v. HKSAR
- Court
- Court of First Instance
- Case number
- HCAL107/2005
S.33 of the Telecommunications Ordinance insofar as it authorises interception and disclosure of telecommunication contents is inconsistent with arts.30 and 39 of the Basic Law and art.14 of the Bill of Rights for lack of legislative safeguards and legal certainty; the Executive Order is an administrative instrument and does not constitute the "legal procedures" required by art.30; the Chief Executive had not acted unlawfully in deferring commencement of the IOC under s.1(2); declarations of invalidity are suspended for six months to allow corrective legislation.