The Court of Appeal may decide not to give a landmark ruling on the legality of the provisional legislature, even after hearing arguments.
All three judges yesterday spoke of the possibility of the case being decided without a ruling on the interim body.
It could instead be settled with a judgment based only on the court's interpretation of the Basic Law.
If this went in favour of the Government, the criminal case in question could continue and it would be unnecessary to make a ruling on the provisional legislature.
Senior Counsel Gladys Li Chi-hei asked the judges whether it was even necessary for her to put forward her arguments against the provisional Legco.
She said: 'This is perhaps not the ideal case in which to canvass these issues.' Ms Li warned that many important constitutional issues were involved.
'They are exceedingly complex questions and certainly if it were unnecessary for your lordships to embark on this exercise, I would not invite you to do so,' she said.
