1991-04-24 23:28 G.1.5
P.03
April 24, 1991
The following is issued by the Attorney General's Chambers:
The Attorney General's Chambere strongly rejected the suggestions in today's South China Morning Post that nothing was done following the publication of an article by a senior lecturer, Dr David Clark, in the Hongkong Law Journal in September 1989 concerning the validity of the appointments of magistrates.
Whilst we did not agree with the argument in the article that the power to appoint magistrates could not be validly delegated by the Governor, we did take his article seriously and immediately carried out a detailed study of the relevant legal and constitutional documents.
Our written reply to Dr Clark's letter of November 12, 1989 was not a mere "acknowledgement". In our reply we stated that we had given careful consideration to the matters he had raised and were satisfied that the appointments had been validly made. We went on to say that we appreciated his concern for the integrity of the legal system and we were grateful to him for drawing the matter to our attention.
Stops were taken early in 1990 to cover any possible defects in law. In February 1990 draft warrants were prepared as a precautionary measure for re-appointment of magistrates who might be affected in the event of a successful challenge in court. Consideration was given to appropriate amendments to the Letters Patent and later in the year proposals for amendments were submitted to FCO. After consulcation the amendments were finalised and submitted to the Privy Council wi.ich passed them on April 16.
Although it would not be appropriate to comment on the court case in which High Court judge Mr Justice Kaplan gave his judgment on April 22 and in which an appeal is pending, it should be noted that the Court found that contrary to Dr Clark's assertions, the power under Article XIV of the Letters Patent can be delegated.
The Attorney General's Chambers also strongly denied a claim that Dr Clark was asked by the Government "to keep this matter quiet" in August 1988
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Dr Clark did not formally approach the Attorney General's Cherpers at that time. He raised his concerns as to the appointment of magistrates during a personal telephone conversation with an extra-mural student of his who was working in the AGC. The counsel never asked him "to keep quiet about it "
a counsel