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- 3-
Section 3(c) only empowers the Governor in Council to direct
which matters are outside the terms of reference.
It is the considered
view of the author (but the point is moot) that the Governor in Council
can either under subsection (3) or under the opening words of Section 3 :
indicate exactly what it is that the Governor in Council wants the
Commission to enquire into and report upon and indicate that all other
matters are outside the terms of reference. There may be other reasons
why he should not do so but as a matter of law it would appear (the
author's reservations arise from the unfortunate drafting of the legislation)
that there is no reason in law why he should not adopt this course. The
possibility that either the Commission or one of the Counsel engaged in
the Inquiry might challenge the legality of such directions in Court should
not be ignored.
3. Clarification of the Terms of Reference :
The following is a suggested draft if the procedure discussed
in the foregoing paragraph were to be followed :
"The following is a clarification of the terms of reference
of this Commission of Inquiry for the purposes of Section 3 of the Commissions of Inquiry Ordinance and should be considered both a specification for the purposes of the opening words of that section and a direction for the
purposes of subsection (c) of that section
is applicable."
-
where each
The Governor in Council specifies and directs that the terms
of reference of this Commission of Inquiry are as follows :
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/ (a)
are there ....