8.
(a)
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That the doctrine of the "de facto" or "colourable authority" Judge:
bas no defined role in the modern law of Hong Kong (and/or
Engiana)
(b) alternatively, if applicable in Hong Kong, should not be applied to the
circumstances hereof, i.e.
(i)
where there was and is settled Constitutional Order and/or
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where the said colour of authority had been long time ufted
2010/01
(iii)
(IV)
where the defect in appointment was, given the principle that
all are deemed to know the law, a matter of public record and
knowledge, by reason of:
a.
b.
publication in the Hong Kong Government Gazette that
the Magistrate was appointed by the Chief Justice.
publications evidenced in affidavits of Mr David Clark
and Mr Gregory Willis, and/or
where a non-collateral challenge was made to the Magistrates
Jurisdiction, and/or
(V)
where, if the doctrine be a discretionary one, such discretion
should be exercised against a party tixed with actual knowledge
of the defect in the appointment.
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