22-APR-1991 17:06
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.07
i
Tha Letters Patent
The
version of Article XIV of the Letters Patent in force At the time of Kr. Line's purported appointment
states;
A
"The Governor may constitüte 'and' appoint sucn Juuĝes, Justices of the Peace and
other public officers as may be lawfully appointeu, all of whom shall, unless otherwise provideu by law, nold their offices during Our pleasure."
Amendments were made to Article XIV in 1971 Mr. 'Dee provided a useful comparison in his written
The wora argument.
was inserted before public! and the words underlined were deleted;
I
"The Governor may constitute and appoint all sucn Juages, Commissioners, Justices of the Редса and other necessary (public) officers and Ministers in the Colony, as may lawfully pe constituted or appointeu by Us, all of whom, otherwise provided by law, shall hoid their offices during Our pleasure.
unless
!!
and
'offic
Article XVIA achieves judicial independence by providing for security of tenure for Supreme Court and District Court judges until retirement age unless extended. Magistrates do not enjoy similar security of tenure.
Mr. Lee relies heavily on the change of language in Article XIV as being inuicative of a clear intention expressed by the Sovereign that the Governor does have Power to delegate appointments under Article XIV.
The Magistrates Ordinance Cap. 227
AC
the time of Mr. Line's appointment; section $ (2) of the Magistrates Ordinance provided" as follows;
"S(2)
46
ara
The Governor may oy warrant from tíve to time appoint such number of permanent and special magistrates in his opinion requireu for the efficient auministration of justice in
colony and way in the case special magistrates by such warrant limit the juriS iction and pover Co de exercised by the person 30
so appointed.
the
04
20'd
0190 698 209
פ כ.
91:21
22-10-1667