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delegation to appoint magistrates as:
(a)
(b)
흐흐
(c)
(a)
17.
it only permits delegation under Ordinance (the delegation contended
for being under Letters Pateut).
it does not permit sub-delegation.
In any event, any such delegation is subject to contrary intent (such
contrary intent apparent from the plain wording of the Letters Patent,
being legislation superior to and prevalent over any local Ordinance).
the operation of 5.0 is displaced by the provisions of the Magistrates
Ordinance Cap 227 section 5 and of the Judicial Services Commissions
Cap 92.
The said Ordinances (Caps 92 and 227) are not repugnant to or inconsistent
with the Letters Patent and regulate the manner in which the Governor
powers under Art XIV are exercisable as to the appointment of Magistrates.
That any purported sub-delegation of the power to appoint Magistrates is
invalid by reason of the "Caritona” principles (applicable to the Governor),
(a) On the true construction of the term 'other public officers' in the
Letters Patent Art XIV the nature (and consequent number thereof)
is restricted to officers of a judicial nature (euisdem generis with
Judges and Jusuces of the Peace) and/or omcers who owe specinc
statutory or Common Law public duties ex officio (therefore excluding
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