由此 -5- A B C 7. On 27 June 1997, the Interception of Communications Ordinance, Cap. 532 (“IOC Ordinance”) was passed to: “provide laws on and in connection with the interception of communications transmitted by post or by means of a telecommunication system and to repeal section 33 of the Telecommunication Ordinance.” The preamble D E F 8. B C D E Section 1 of IOC Ordinance provides: F “(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.” G G H H 9. No date has been appointed by the Chief Executive. I J A I 10. On 5 August 2005, the Law Enforcement (Covert Surveillance J Procedure) Order (“the Executive Order”) was published to address K L concerns about non-compliance with the requirements of Article 30. The background to the Executive Order has been dealt with fully by the judge K L and it is not necessary for us to repeat them. It is the respondent’s case that M while the Executive Order is an administrative order only and is not law, it N constitutes “legal procedures” for the purposes of Article 30. O 11. P Q R S On 9 February 2006, Hartmann J made the following declarations: “1. M N O P The Law Enforcement (Covert Surveillance Procedure) Order (“the Executive Order”) issued by the Chief Executive of the Hong Kong Special Administrative Region on or about 4th August 2005 comprises administrative directions only and does not constitute a set of “legal procedures” for the purpose of Article 30 of the Basic Law of the Hong Kong Special Administrative Region; and Q R S T T U U V V