22-APR-1991 17:04

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.03

A

Coram : The Hon. Dates of Hearing

MI.

Justice Kaplan in Court

: 18th-22nd March, 1991

Date of Delivery of Judgment : 22nd April, 1991

HEAO NOT E

·

whether

Constitutional Law - appointment of magistrate Governor Can delegate his power to appoint magistrates under Article XIV of Letters Patent to Chief Justice whether he has effectively. done

Section 5 Magistrates Ordinance, Cap. 227:

Judicial Services Commission Ordinance/ Cap. 92: if.no power to delegate is magistrate

á facto' magistrate.

OS

-

JUDGMENT

48

I ave before me applications for Write of Habeas Corpus by Deacon Chiu and his son David Chiu made pursuant to leave gr nted by Wazareth, 15. on 11th March 1991.

On. 10th November 1983 Deacon Chiu having been arrested, was prought before Central MagistrACY on two charges of conspiracy to falsely account. 12 further charges were added later. He was remanded on bail by MI. Hill.

+

On 18th April 1990 Deacon Chiu was further remanded on bail: by... Mṛ.. Peter Line on the same terms a3

arfler fixed by Mr. Hill.

On 10th Fegruary 1989 David Chiu having been arrested, was orought before Central Magistracy on સ charge conspiracy to falsely account. Two further charges were

remanded on sail by Miss Cannon.

of aqued

ater

He was

earlier

On loth April 1990 David Chiu was further remanded on ball by Mr. Peter Line on the same terms fixed by MASS Cannen

Between. 10th September 1990 and 17th October 1990, vir. Line hearu submissions on Jehalf t ooth Chius for a permanent stay of the hearing

charges against them.

the

£0'd

5290 698 238

ס פ 3

1:21

22-10-1661

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