Lord Justice Sedley conceded that 'considerable latitude is given to the Executive in deciding what makes for the peace, order and good government of a colony'. However, he concluded that legislation which did not have that aim was reviewable: 'the prerogative power of colonial governance enjoys no generic immunity from judicial review' (paragraph 47). The court concluded that the 2004 Orders in Council were passed for strategic reasons, which were incompatible with the 'peace, order and good governance' requirement of the Order in Council that had created the BIOT in 1965. The 2004 Orders were therefore considered unlawful.