由此 - 23 - A B problematic so striking down the law immediately would deprive deserving persons of benefits without providing them to the applicant. At the same time, if there is no obligation on the government to provide the benefits in the first place, it may be inappropriate to go ahead and extend them.” C D E A B C D 72. Mr Dykes accepted that on the facts of the Manitoba E Language case, that decision was justified and could be accommodated by F G the common law. Indeed, he agreed that if it could be shown that a law essential to the maintenance of the rule of law was unconstitutional, the F G court could give temporary effect to it where this is necessary to preserve H the rule of law. I I 73. This is what the judge said: J “165. Canadian jurisprudence indicates that the radical remedy of temporary validity is only to be used in situations where danger, disorder or deprivation would be caused by an immediate declaration of invalidity. I am satisfied that any immediate declaration of invalidity in the present case would give rise to the probability of danger to Hong Kong residents, disorder by way of a threat to the rule of law and deprivation to Hong Kong residents generally.” K L M N O P H We see no reason to disagree with the judge’s conclusion. 74. We are of the view that the extraordinary dangers, which Hong Kong might face in the absence of a stay, and which would threaten J K L M N O P the rule of law and the fabric of our society, give rise to the jurisdiction to Q Q stay. R R 75. S Mr Dykes was more ready to accept that the Order might be made in relation to section 33, but not in relation to the Executive Order. S T T U U V V