By way of general conclusion I would add that Type (1 is quite common, but is really a somewhat curious type of enactment. What is quite clear is that a right of appeal to a court against an order (as opposed to a recommendation) is the exception to the rule (Montserrat). Mr Laird says in his draft submission at para 4 "that in the absence of any recommendation by a court the ordinance should provide for some form of judicial enquiry". It is only in the Bahamas, BVI and the New Hebrides that the recommendation power is not mentioned, but none of the se provide for judicial enquiry, let alone for judicial appeal. In two of those cases there is an appeal to the Governor, however, the exception being the New Hebrides where there is no kind of appeal at all.
20 December 1971
Anthony
Anthony Parry Legal Advisers
Porn