טטט
GUVERNMENT HUUSE
HUNG KUNG
1
4-29
8:53
CONFIDENTIAL
26.
Ordinance, Cap.227, is not delegable or sub-delegable.
(7) Further or
PHGE 26
alternatively, the Governor is obliged by the
and as
with
Lerms OL the LetterS ratent, unger Article
clarified by the amendment to Article XIV on 5th February
1971, to exercise his Article XIV power in accordance the local law of Hong Kong insofar as the same is not
inconsistent with the Letters Patent and without affecting
the delegated nature of the power. This means that :-
(a)
The Governor, when appointing magistrates, must comply
with the terms of section 5 of the Magistrates
uruinance insorar as the same is not inconsistent With
the Letters Patent. Such terms include, inter alia,
the obligation that the Governor must appoint
magistrates in accordance with "his opinion" and not
The words "in his
with
someone
else's opinion.
opinion" do not refer only to the number of magistrates
as distinguisпea from the individual appointments.
(b) After the coming into force of the Judicial Service
Commission urainance, Cap.92, in repruary 1976, the
Governor, when appointing magistrates, was obliged
comply with the terms of such ordinance insofar as the
to
same is not inconsistent with the Letters Patent and
not to act inconsistent therewith. These include the
implied obligation to receive and consider the
recommendation of the Judicial
although
Service Commission,
ne
was
ποτ pouna
το
act
on
such
recommendation.
Further, it would be inconsistent with
*CONFIDENTIAL
H
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