12 Jul 2006
KOO SZE YIU AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
- Citation
- KOO SZE YIU AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
- Court
- Court of Final Appeal
- Case number
- FACV12/2006
The Court set aside the temporary validity order and substituted suspension of the declarations of unconstitutionality for six months from 9 February 2006; the judiciary has inherent power to suspend declarations where necessary to avert danger and preserve the rule of law, but temporary validity (with a shield from liability) was unjustified here; suspension permits government to function while not absolving it of legal liability.