- 6-
"XVI.
Subject to the provisions of Article XVIA, the Governor may, subject to such instructions as may from time to time be given to him by Us through one of Our Principal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable."
Inherent in a power to establish a public service and to dismiss or
suspend or take disciplinary action against its members must be power
to make Regulations for the control and administration of that public
service and its officers. Indeed, it was not disputed by counsel
for the appellants that the Governor, by virtue of the Letters Patent
and the inherent powers conferred on him thereby, has power to
regulate the public service of Hong Kong. He has exercised it by
the issue of G.Rs.
2.
Suspension of public officers without pay
...
In essence, the argument advanced for the appellants was
(a) The Crown, in exercising its power to legislate for the territory,
can only do so within the limits of the common law power which
the Crown enjoys in the United Kingdom. (There is, of course,
a common law of Hong Kong which includes most of, but is not
limited to, the common law of England.)
(b) By that power, the Crown may suspend a public officer, but not
(2)
without pay see Slingsby's Case
(c) Therefore Article XVI should be construed as authorizing the
Governor to suspend only with pay.
We do not consider the first contention to be well founded.
The Crown's authority to legislate for a ceded territory is
unrestricted. Whether or not, in the exercise of that power, the
ご
Crown legislates in a matter not provided for, or in conflict with,
the common law of England is irrelevant.
However, if the interpretation of legislation made by the
Crown in the exercise of its legislative power in a ceded territory
is open to doubt, a reference to the power of the Crown at common law
(2) 36 E.R. 021
;