000
GUVERNMENT HUUSE
HUNG KUNG
4-23 8:32
PHGE 25
CONFIDENTIAL
23
(2) The office of "magistrates" falls within the meaning of
word "judges" and/or "Justices of peace" in Article xiv.
the
Carltona
the
not a
(3) The common law doctrine deriving from the case of
v. Commissioner of Works [1943] 2 All ER 560 applies to
and functions of the Governor. This is powers principle of delegation but is a doctrine of necessity which enables certain acts of the Governor to be performed by nis
subordinate officers in his name and on his benalt.
Such
doctrine does not extend to the power and auty judicial officers including magistrates.
Co
appoint
(4) Even if (contrary to (3) above) the Carltona principle
applied
did not
executive
to the appointment of magistrates,
the
ΟΙ exercise
such
principle
1/1 Lie
vestea powers permit
branch of the Government (such as or
of judges) to be exercised by a memoer OL
the Government (such as the judiciary).
appointment
anoliEL pranuli
UL
Thus, any purported
(5)
exercise
the Chief Justice of the Governor' by
appoint Juages and magistrates was
invallu.
power
to
SUD
As the power under Article xiv is not delegaDLE delegable, the Governor cannot by exercising his power under
Article II to make laws for the peace, order government of Hong Kong to pass legislation which
effect
sub-delegating his power
of
Article xlv.
delegating
or
and
good
has the
under
(6)
In
any event, the power under section 5 of the
Magistrates
CONFIDENTIAL