由此
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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