由此 - 25 - A B “167. International jurisprudence therefore recognises that, in constitutional matters, laws declared to be in violation of a constitution may nevertheless be declared temporarily valid. In my judgment, this court, for the reasons expounded by the Supreme Court of Canada, possesses the same jurisdiction, one founded on its inherent powers. An examination of the Basic Law reveals that the rule of law lies at its heart. Equally, therefore, the rule of law in Hong Kong has constitutional status.” C D E F 80. G H The question of a temporary stay is unlikely to arise in the United Kingdom because section 4 of the Human Rights Act 1998, enables A B C D E F G the courts (High Court and above) to make a declaration of incompatibility H with a convention right but such a declaration: I “(6) (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and J K L M 81. I J (b) is not binding on the parties to the proceedings in which it is made.” K In South Africa, the constitution provides that the courts, in L deciding a constitutional matter, may suspend any declaration of invalidity M of a legislative provision for any period and on any conditions it sees fit to N allow the compliant authorities to enact corrective legislation. O O 82. P Q N We do not believe the fact that in the United Kingdom and in South Africa there are these express provisions necessarily show the P absence of any inherent power at common law to deal with situations Q which might otherwise have arisen. R S R 83. As the judge said: S T T U U V V