由此
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A
B
C
also provides for regular reviews by monitoring authorities of the exercise
or performance by the authorising officers of the powers and duties
A
B
C
conferred or imposed on them by the Executive Order. However, the
D
monitoring authorities are themselves government officers.
E
D
E
30.
Mr Zervos SC, appearing for the respondent, submitted the
F
Executive Order came within the meaning of “legal procedures” in Article
G
30, and that such legal procedures need not be prescribed by law. That
F
G
insofar as Article 39 requires that any restriction on Article 14 of the Hong
H
Kong Bill of Rights be prescribed by law, it has been qualified by Article
I
30. Mr Zervos accepted that but for Article 30, any infringement of Article
H
I
14 of the Hong Kong Bill of Rights must be prescribed by law.
J
K
J
31.
The judge rejected Mr Zervos’ submission in the following
K
terms:
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“145. For the Chief Executive, Mr Zervos has submitted that, on
a proper construction of art.30 of the Basic Law, the phrase ‘in
accordance with legal procedures’, being broad in its language,
includes procedures that are legally established under a statutory
or other legal power, duty or function and is not to be equated
with the phrases ‘in accordance with law’ or ‘prescribed by law’.
I disagree. In this regard, I can do no better than repeat what I
have said in para.122 of this judgment; namely that, when the
framework of art.30 is considered as a whole, the requirement
that the right to freely and privately communicate with others
‘shall be protected by law’ must be read as being complemented
by the provision that any limitation of the right must be ‘in
accordance with legal procedures’. Those legal procedures,
therefore, are not distinct from but are part and parcel of the
protection of the right which must be provided by law.
146. In support of his submissions, Mr Zervos relied on the
observations of Keith J (as he then was) in The Association of
Expatriate Civil Servants of Hong Kong v. The Chief Executive
[1988] 1 HKLRD 615, at 622. In looking to this judgment, I
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V