(3) The learned judge erred in law in holding that the Governor did not have his mind directed to the source of the power when he was asked to delegate and that there was a lacuna in that
(a) the learned judge has held
held that the Governor had intended to delegate his section 5 powers and might have had the provisions of Cap.1 well in mind; and
{L}
the Magistrates Ordinance by virtue of section 63 of the Interpretation and General Clauses Ordinance Cap.1 constituted a source of the power for the Governor to delegate.
The learned judge erred in law in holding that the donor Of the power to appoint magistrates Rust communicate that fact
the donee and =hat therewas по evidence that the Chief Justice was ever told that he was being asked to exercise the Governor's Article XIV power.
The learned judge erred in law in rejecting the Appellant's submission
submission that once the Governor had evinced an intention
intention to sub-delegate his power to appoint magistrates to the Chief justice by the February 1974 minute, then it would not mattered char The caid minule only referred section 5 of the Magistrates Ordinance and not Article XIV of the Letters Patent, in that :-
have
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to
CONFIDENTIAL