CONFIDENTIAL
4.
6.
The appeal hearing
Civugi.
15
commences on 29 April before vice
Fresident ruau and Two Justices of Appeal, Kempster and considered a strong court which can be
unpeuleu yive a chiviouyn anu bearuning scrutiny to the
algumentə VI DOLI slues. So far as it is realistically
PUSSIDle το venture
view, we consider that we have a
reasonable prospect of success
our major grounds of
appeal.
The
Crown's grounds of appeal and the Respondents' Notices are annexed in full. For convenience, however,
the principal grounds are set out here, as follows:
(D)
Lie
s minute of February 1974 constituted a
sufficient sub-delegation LU the Chief Justice of
Governor's power under section 5 of the
Magistrates Ordinance to appoint magistrates;
tne
Lie delegation was not derective or unlawful by reason of its being ellected in a "casual manner";
Lie Juuge errea in holding that in making the delegation the GovernUI'S mind was not directed to
Lecaune
chere was
source Of the power to appoint magistrates
dil intentION to delegate the statutory power and section 63 of the Interpretation
anu General Clauses Ordinance constituted a source
UL the power LOK the Governor to delegate;
LU
Life
{r} the judge was wrong in holding that the Governor
should have communicated the fact of the delegation
Coffel Justice as aonee or the power;
Lurnermore, that Line Judge was wrong in holding nere was no evidence that the Chief Justice
that he was being given the power to
Lial
was ever told
CACI VIJV
GMC
JUVEL MUL
Q
power under Article Xiv or
the Letters Patent to appoint magistrates;
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