由此 - 19 - A B C 58. Mr Dykes accepted that dire consequences such as chaos, might justify the upholding of unconstitutional laws. He said the A B C jurisdiction can be found under the doctrine of state necessity. D E D 59. This is how Mr Dykes has put it in para. 8 of his skeleton E submissions: F “Article 8 of the Basic Law contains the common law. The doctrine of necessity is a common law concept: See Madzimbamuto v Lardner-Burke [1969] 1 AC 645. It is not a concept which is incompatible with the Basic Law. That doctrine may be involved in cases of constitutional crisis (see below).” G H I 60. J K under the doctrine of state necessity” (page 29), a doctrine evolved by the common law to deal with: “… otherwise illegal conduct of a government during a public emergency. In order to ensure rule of law, the Courts will recognize as valid the constitutionally invalid Acts of the Legislature. According to Professor Stavsky, ‘The Doctrine of State Necessity in Pakistan’ (1983), 16 Cornell Int. L.J. 341, at p. 344: ‘If narrowly and carefully applied, the doctrine constitutes an affirmation of the rule of law’.” Page 30. L M N O P The Supreme Court of Canada found “analogous support … 61. The Manitoba Language case discussed the circumstances in F G H I J K L M N O which the doctrine of state necessity have been invoked by the courts. A P number of such cases involved challenges to the laws of an illegal and Q R insurrectionary government. Some of these cases arose out of the Q American Civil War. A more recent example, is the decision of the Privy R Council in Madzimbamuto v Lardner-Burke [1969] 1 AC 645 (PC), which S T was concerned with Southern Rhodesia. In Hong Kong, the Court of Final S Appeal upheld the recognition of a Taiwanese Bankruptcy Order on T U U V V