Ronny Tong SC said that the Director of Legal Aid's decision might be ultra vires given that BL35 provides that Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel. I think he argues that this right is absolute.
On the other hand, BL4 provides that the Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with law. I would submit that the last few words "in accordance with law" imply that such rights and freedoms are not absolute.
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