5
4.
(a) Are they "Instructions" issued under the Letters Patent? (b) Are they, mandatory, so as to bind both public officers and
the Governor of Hong Kong?
(c) Are they enforceable in law?
(a) Are Col. Regs. intended to be exclusive with regard to the
matters contained in them?
(b) If not, may the Governor make G.Rs. which conflict with
:
Col. Regs.?,
100 (c) Does C.S.R. 611 so conflict?
5.
Isern
miselt zdes ad oneneL2
(a), Is there a contract of service between the Crown and public
officers?
Sasoni
30 Sna
(b) If there is, do Col. Regs. and C.S.R., 611 form part of that
contract?
6. If there is a contract of service between the Crown and public
officers, can the conditions of that contract be varied t
unilaterally by the Crown, the variations becoming part of
the contract?
1.
The Crown's power to legislate for public officers
Hong Kong is, in constitutional terms, a "ceded territory"
within which the Crown, by virtue of its prerogative, enjoys full
legislative authority, subject to any act of Parliament which may
(1) extend to the territory. See Campbell v. Hall
+
The Crown's legislative power may be exercised by Order
in Council, Letters Patent or Proclamation. All such instruments
form part of the law of the territory to which they are directed.
The Hong Kong Letters Patent 1917 to 1977 ("the Letters
Patent") are an exercise by the Crown of its power to legislate for
Hong Kong. Articles XIV and XVI thereof deal with the establishment
and control of a public service, without which no dependency can
function,
C
"XIV.
The Governor may constitute and appoint such Judges, Justices of the Peace and other public officers as may be lawfully appointed, all of whom shall, unless otherwise provided by law, hold their offices during Our pleasure."
(1) 1774 20 St. Tr. 239