Firm authority: Chief Executive Donald Tsang says the Basic Law gave him the power to issue the surveillance order, to give necessary procedural guidance.

The legal fraternity has every right to challenge an Executive Order aimed at regulating covert surveillance, Chief Executive Donald Tsang says. But, he adds, Hong Kong law-enforcement agencies cannot afford a hiatus from carrying out such important operations.

Speaking in reply to a journalist's question after delivering a luncheon speech at the Foreign Correspondents' Club, Mr Tsang outlined the necessity for handing down the order.

"There was a comment, a remark by a judge on the efficacy of our surveillance operation. And also, there were some public concerns on how that surveillance activity is being conducted and monitored. For that reason, for greater transparency, I issued this order to our law-enforcement agencies, telling them how exactly they should behave in mounting a surveillance operation, who should approve it, who should vet it and what the procedures should be," he said.

There was never a question that this must be addressed through legislation, he stressed. But time was of the essence.

"I think it is right for the legal fraternity to challenge the things they are doubtful about. There are lawyers who agree entirely with what I am doing. There are lawyers who agree that they should be done in different ways. I totally accept that. But one thing I cannot accept is that we have a hiatus here, that we have a doubt in the minds of law-enforcement agencies that they cannot carry out surveillance operation, which is part and parcel of keeping law and order in Hong Kong," he said.

Order ensures human rights, privacy are protected

He reiterated that the order is an internal regulatory matter, giving procedural guidance and also procedural legal backing.

"The order was issued with the firm authority given to me under the Basic Law. It is not a law in itself. It has no binding effect on the population at large. It does not impose any criminal liability on the population in Hong Kong."