Mr Justice Michael Hartmann gives the government six months to rectify the situation
A judge ruled yesterday that covert surveillance operations conducted in Hong Kong have no valid legal basis, but gave the government six months to get its house in order.
Mr Justice Michael Hartmann said the executive order made by Chief Executive Donald Tsang Yam-kuen last year to fill a gap created by two other court rulings is 'an administrative order having no legislative effect'.
He also ruled unconstitutional a law on which authorities have relied for decades to allow phone-tapping.
But he suspended the effect of his rulings for six months, saying the 'legal vacuum' it would create would 'constitute a real threat to the rule of law'.
The judge said Mr Tsang's order was no more than a set of administrative directions given to employees of the government by the head of the government. 'It does not bind Hong Kong residents generally.'