由此 -6- A B 2. Insofar as s.33 of the Telecommunications Ordinance, Cap. 106, authorises or allows access to or disclosure of the contents of any message or any class of messages, it is unconstitutional, void and of no legal effect in that it violates Articles 30 and 39 of the Basic Law and Article 17 of the International Covenant on Civil and Political Rights, 1966 / Article 14 of the Hong Kong Bill of Rights Ordinance, Cap. 383;” C D E F 12. He also ordered: “3. G H Notwithstanding the judgment of the court and the declarations herein, section 33 of the Telecommunications Ordinance and the Executive Order, are valid and of legal effect for a period of six months from the date hereof, the parties having liberty to apply;” (the Order) I B C D E F G H I 13. Both the 1st and 2nd applicants have appealed against the Order. J K A J 14. Before the judge, the applicants also sought the following K relief in relation to the IOC Ordinance: L M N O P Q R S L “‘(i) A Declaration that the Chief Executive by failing or refusing to bring into force the Interception of Communications Ordinance, Cap. 532 had acted unlawfully in breach of his duty under s.1(2) of the Ordinance and arts.48(2) of the Basic Law of the Hong Kong Special Administrative Region; and M N (ii) A Declaration that the Chief Executive has a legal obligation forthwith to appoint a day by notice in the Gazette for the Ordinance to come into operation in its present form.’ O Further that, should declaratory relief not be effective, the applicants sought leave to apply for mandatory relief to the following effect : Q P R ‘An order of Mandamus directing the Chief Executive of the Hong Kong Special Administrative Region to appoint a date for the commencement of the Interception of Communications Ordinance, Cap. 532.’” S T T U U V V