A leading lawyers' organization yesterday attacked Hong Kong's new political leader for steamrolling measures past lawmakers that give police sweeping powers to secretly intercept private phone calls.
The Bar Association said Hong Kong Chief Executive Donald Tsang (曾蔭權) had acted outside his remit and damaged basic human rights in the Chinese city by invoking a rarely used executive order to push through the controversial measures on Friday.
"The Bar is of the view that the chief executive ... cannot ... assert a power to authorize covert surveillance when such surveillance may infringe the fundamental rights of residents," it said in a strongly worded statement.
"The Bar is very disappointed that the chief executive did not seek to address the matter through legislation," the statement said.
SECRET WIRETAPS
Tsang forced through the measures on Friday after a number of high-profile corruption cases collapsed because evidence obtained by secret wiretaps was dismissed and the practice ruled unconstitutional.
Lawyers say the new measures provide few safeguards as officers need only the permission of their superiors, and not a court, to tap private phone lines.
They also complain that the measures do not restrict the use of material that has been obtained through wire taps to only criminal inquiries.
It raised alarm bells in Hong Kong, where Tsang has been accused -- like his bosses in China -- of taking a tough line on free speech.
HEAVY-HANDED
The accusations stem from the heavy-handed treatment of the public broadcaster RTHK, which has prompted concerns among some for the station's editorial independence.
Chief Secretary Rafael Hui (
"We hope the Bar Association can give us some suggestions. If we don't issue this order, then what other ways, during this transitional period, can we use to continue enabling law enforcement authorities to fulfil their responsibilities to investigate [crimes]?" he said.
Justice Secretary Elsie Leung (梁愛詩) insisted the new measure was legal and said she would meet with lawyers in the next few days to discuss it with them.
The executive order has only ever been used once before, in 1997, when it was invoked to give the chief executive the power to hire or remove civil servants.
DROP IN POPULARITY
Meanwhile, Tsang's popularity has seen a steep drop in the past two weeks, a survey released yesterday showed.
The former civil-service head took office with his routinely high popularity rating nudging 80 percent.
However, the survey last week by the University of Hong Kong found his support level had slipped 6 percentage points to 66 percent of the 1,015 people polled.
"Tsang's honeymoon period is over," author Robert Chung (鍾庭耀) said.
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