The Court of Final Appeal will hear 'Long Hair' Leung Kwok-hung's appeal against a judge's decision to suspend for six months his ruling that the government's conduct of covert surveillance is unconstitutional. The lawmaker and fellow activist Koo Sze-yiu were granted leave by the Court of Appeal yesterday to take their arguments against the suspension to the top court. 'Their proposed appeal involves great general public importance,' the court said. Yesterday's development came after the Court of Appeal last week upheld Mr Justice Michael Hartmann's February ruling that Chief Executive Donald Tsang Yam-kuen's executive order, issued last August to fill a gap created by two other court rulings, was 'an administrative order having no legislative effect'. Mr Justice Hartmann also ruled unconstitutional a law on which authorities have relied for decades to allow phone-tapping. The government's appeal against the ruling that the executive order did not satisfy constitutional requirements to protect freedom and privacy of communication was also rejected by the Court of Appeal last week. Yesterday, senior assistant director of public prosecutions Kevin Zervos indicated the government would not seek leave to appeal to the top court. In his ruling, Mr Justice Hartmann described his order to extend temporary validity to unconstitutional provisions as an 'exceptional remedy'. 'If this court is required to declare that a legislative provision is inconsistent with the Basic Law and [therefore] invalid, it may [if the need arises to avoid a vacuum of law] assume the power to postpone the operation of the declaration of invalidity to allow the administration and the Legislative Council time to enact corrective legislation,' Mr Justice Hartmann said in the ruling.