由此 - 14 - A B 39. The cross-appeal by the respondent is dismissed. C A B C The Order D E D 40. The judge described the Order as an exceptional remedy but E one which the court has the jurisdiction to make. He said: F F “160. … It is admittedly an exceptional remedy, one that has never been used in the relatively short time that Hong Kong has enjoyed a written constitution. I am satisfied, however, for reasons to which I shall refer, if the need arises to avoid a vacuum of law, that this court has the jurisdiction to employ the remedy. G H I 161. The remedy may be stated as follows. If this court is required to declare that a legislative provision is inconsistent with the Basic Law and thereby invalid, it may assume the power to postpone the operation of the declaration of invalidity to allow the Administration and the Legislative Council time to enact corrective legislation.” J K L M 41. The judge pointed out that as a result of his declarations, there will be no operative body of law in place which, in compliance with the G H I J K L M Basic Law, regulates covert surveillance by law enforcement agencies. He N N said: O “154. The consequence of this is as profound as it is stark. It means that for an extended period of time, probably about six months, it will be unlawful for Hong Kong’s law enforcement agencies to conduct many forms of covert surveillance, certainly the secret interception of telecommunication messages. This handicap, said Mr Zervos, could have disastrous results.” P Q R 42. S He went on to say in paras. 158 and 159 of his judgment: “158. At this juncture, let me state plainly that I agree with the concerns that Mr Zervos has expressed on behalf of the O P Q R S T T U U V V