由此 - 17 - A B C invalidation of certain laws passed by the legislature of the HKSAR, but that: E 49. F “… To the extent that the order of temporary validity implies the Executive Order has legal effect, i.e. is a source of lawful authority for the regulation of surveillance, it is inconsistent with the relevant declaration.” (Second ground of appeal.) H I J Mr Dykes also submitted that the Order is inconsistent with the relevant declaration: G 50. B C “This invalidation shall not have retroactive effect, unless otherwise provided for in the laws of the Region.” D A But that is in the nature of an order of this kind and does not provide an answer whether the jurisdiction to make such orders exists and D E F G H I J if so, under what circumstances should the jurisdiction be exercised. K L K 51. There is strong support for the existence of such jurisdiction in L the decision of the Supreme Court of Canada in Manitoba Language M Rights [1985] 1 SCR 721. N N 52. O P S The Manitoba Language case was concerned with the constitutionality of the Official Language Act 1890, which provided, inter alia, that: Q R M 53. O P “The Acts of the Legislature of the Province of Manitoba need only be printed and published in the English language.” Q The Supreme Court of Canada held that the Official Language R Act 1890 to be unconstitutional as being contrary to the Manitoba Act, S T T U U V V

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