2.
CONFIDENTIAL
16.
1.
That the power to appoint Magistrates in Art XIV of the Letters Patent is
vested by the Queen in, and is exercisable by, the Governor only and in law
incapable of sub-delegation.
(in particular, that on a true construction of Art XIV, a Magistrate is
prmany:
(a) a Juage, alternatively,
(b)
a Justice of the Peace, alternatively,
(C)
a public officer (the appointment whereof is by reason of its judicial
nature non-aеlegable.))
That the power to appoint Magistrates in s.5 of the Magistrates Ord Cap 227
is, on a true construction, given to the Governor only and in law incapable
of delegation. (The provision "in his opinion" in the said section 5 requires
both that the number and the identity of those appointed as Magistrates be
in accordance with the opinion or the uovernor and that their quality and
quanury be determined in accordance with his opinion alone.)
3.
That the general statutory power to delegate given to the Governor by s.63
of the Interpretation and General Clauses Ord Cap 1 does not permit sub-
CONFIDENTIAL
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