3.
(b)
(C)
(d)
CONFIDENTIAL
18.
ordinary Government employees holding no such office). Accordingly
no need for appointment other than by the Governor arises.
If the term "other public officers" includes all Government employees,
appointment other than by the Governor is unnecessary in respect of
the appointment of Judges, Justices of the Peace, Magistrates and
other Judicial Officers.
If any such appointment is possible by any persons other than the
Governor, it can only be delegated to officials within the executive
branch of Government acting in the name and/or on behalf of the
Governor (in accordance with the restrictions, and limitations, established in R v Sec of State for the Home Department ex parte
Oladehinde (1990) 3 WLR 797 H L).
In particular, such official must be under the control and supervision
of the Governor. The Chief Justice cannot be such an official
delegate, given the principle of Judicial independence from the
Executive.
Inat any purportea suo-delegation of the power to appoint magistrates to
the Chief Justice is invalid by reason of the Judicial Services Commission Urd
Cap 92 as it is:
(a) ultra vires the express and implied requirements of the Ordinance.
+
CONFIDENTIAL