由此 - 15 - A B C D E F Administration. If the ability of the police and other agencies to carry out covert surveillance is to be made unlawful, even if only for a period of weeks, the well-being of our civil society will be placed in peril. B 159. This court has no knowledge of the number and nature of threats facing Hong Kong. That they exist, however, can be assured. Hong Kong is prosperous, free, open and in equal measure, if its guard is down, it is vunerable. Rendering covert surveillance unlawful creates an amnesty for conspirators. No lurid examples are necessary to illustrate the dangers that presents.” D G “… No lurid examples are necessary to illustrate the dangers that presents.” Para. 159. J F H I J 44. L E We agree the court can make the Order in truly exceptional circumstances. Here, as the judge said: I K C G 43. H A Mr Dykes SC, for the 2nd applicant, submitted that there is an alternative. The Chief Executive could nominate a date for the operation of the IOC Ordinance. But, the IOC Ordinance is restricted to “the K L interception of communications transmitted by post or by means of a M N telecommunication system” and does not cover other aspects of covert surveillance. So, it is not a complete answer. Secondly, we agree with the M N judge that: O P Q R S T O “157. In any event, I have determined in this judgment that the decision of the Chief Executive not to bring the IOC Ordinance into effect is a lawful decision. I have determined that he is not at this time, nor has he ever been, in breach of his duties under s.1(2) of the IOC Ordinance. I have further found that his decision to return to the Legislative Council seeking the repeal of the IOC Ordinance and its replacement by a more effective legislative regime is a lawful process. It seems to me that if I am now to direct the Chief Executive to bring the Ordinance into effect – despite the fact that there has been a finding that he has no obligation in law to do so – this court will be encroaching on the executive and political powers of the Chief Executive, P Q R S T U U V V