But the chief secretary says government agrees that legislation should be enacted
The chief secretary has defended the controversial executive order on covert surveillance issued by the chief executive last week, as criticism of the measure intensified.
Responding to a Bar Association's statement on Monday referring to the order as constitutionally dubious, Rafael Hui Si-yan said the government had the responsibility to 'face the public, maintain public order and able, honest enforcement of the law'.
The Bar Association statement expressed serious concern over the order which it said amounted to Chief Executive Donald Tsang Yam-kuen 'impermissibly' seeking to assume legislative power.
Mr Hui said yesterday the government agreed with the association that legislation ought to be enacted on the matter, but called on the association to suggest methods that would enable law enforcement authorities to carry out their work in the meantime.
He said: 'This order is backed by the law and Basic Law ... it is not forgoing the rule of law, it is defending rule of law. Covert surveillance has long existed in common law, but now the courts have come out with such viewpoints and judgments, so we have to consider how to investigate cases on a stronger legal basis.'