[LEAPSECS] ITU-R SG7 to consider UTC on October 4

[Poul-Henning Kamp]

In message <20100806074045.GB66357 at davros.org>, "Clive D.W. Feather" writes:

>Poul-Henning Kamp said:



>I am not a Danish lawyer, but such a "current view" would be unlikely to

>sway the UK courts in the presence of clear legislative wording to the

>contrary.

>[...]

>The EU directive does no such thing.


Clive,

Your concern is appreciated, even if it is totally of the rails.

It would not be a UK court, but a Danish court, which is not a
common law court, and we have a constitution for Denmark that has
relevant wording in it.

One would suppose that to have relevance for your very bombastic
argument, but you certainly don't sound like it.

But even allowing for that, your argument is still bunk.

No court, UK or DK, would take the case until you show you have
standing to bring the suit.

For starters, the actual change happend in 1958 when the clock
running the free-of-charge "Frøkken Klokken" telephone service
was adjusted to UTC.

Unless you lived in 1958, you have a very tough row to hoe
to convince anybody you can possibly have standing.

Next problem:  The "Tele-laboratoriet" reacted to a duly ratified
official UN recommendation, with approval from the minister, and
our parliament has not reacted adversely in 50 years.  This gives
rise to a very broad assumption of both legitimacy and executive
reasonableness.

The statute of limitations would at best be 5 or 10 years, unless
you can bring evidence that people died as a result, in which case
it is a criminal matter and you don't have standing anyway but have
to hand it over to the public prosecutor.

You are not even able to reach the EU directive on summer time
with that.

Finally you have to lift the burden of proof, to show that you,
personally, has suffered a distinct, attributable harm, which the
court can right.

Good luck with that.

Poul-Henning


PS: just checked, they seem to have fixed the translation, now it
uses UTC as reference:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0084:DA:HTML

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