פשט
GUVERNMENT HUUSE
HUNG KUNG
1
4-29
FC:R
PHGE 27
(8)
By
(9)
CONFIDENTIAL
27.
his said obligation under the Letters Patent to act in
his powers
to appoint
accordance with local law to simply by-pass cap.92 by
purportedly delegating
magistrates to the Chief Justice who was himself a
member of the said Commission.
το
the
reason of the above, the purportea delegation
Chief Justice of the Governor's power to appoint magistrates
and the continuance of that delegation was invalid and
unlawful.
in
το the
If (contrary to (7) (b) above) the words "in his opinion"
section 5 of
referred the Magistrates Ordinance
number of magistrates, the purported delegation of the
Governor's power under that section was nonetheless invalla:
the purported delegation would be of a power to
the
number
оп
aeciae
оп
της
το
of magistrates required, a power wnion
Crown's own case was not delegable or intendea
delegated.
(10) Even
Magistrate appointment,
No.17/1988), was
would
as
if (contrary to (8) and (9) delegation to the Chief Justice were valid, appointment by the Chief Justice of Mr. Line
because
be invalid
notified in Gazette Notice
the
the above)
purported
the purported
as Permanent
purportea
1319
(Gazette
an appointment neither in
name nor on his behalf.
the
Governor's
(11) The "de facto judge doctrine" has ceased to exist at
CONFIDENTIAL
common
W11