22-APR-1991 17:16
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.03
Delegation
is
to
some different
autno
ity
with
the few
Another matter. In accordnance general principle, and witn available authorities, it seems safe to
Parliament expresses presume that unless
"
or implies a dispensation, legislative power must be exercised by those to whom it is given, anu not by Duriter delegates. But this presumption is
to circumstances, and may
subject
be
greatly weakened in time of emergency.".
+
in
found
lawfully so
Insofar
as
I do not think that the general principles are doubt. I have to be satisfied that the Article XIV power of appointment in respect of magistrates (whom I have are included within the phrase public officers") is
has that the Governor delegable and if so, delegated these powers to the Chief Justice. reliance has been placed upon section 5 of the Magistrates Ordinance, I have to consider the relationship of the
therein contained with the powers granted powers Sovereign to the Governor undez Article XIV of Patent.
by the the Letters
The Carltona Principle
opservations of Lord Greene, 'Commissioner of Works
This principle is
is derived from certain
.R. in Carltona v. [1943] 2 AER 500 where at p.
563 he
4
said;
in
each casƏ,
the
"It cannot be supposed that this reyulation meant that, minister in person shoula direct nis mind to the matter. The duties imposed upon ministers and the powers given to ministers are normally, exercised under the authority. of the ministers by responsible officials of
"
+
the
dapartment. Public business could not be carried an if that were not the case. Constitutionally, the decision of such an official.is. of course, the decision of the minister. The minister is responsible. It is he who must ansver before Parliament for anything
tnat
officials have done under his
authority:
·
w
The principle
IP
་
is not in reality one of uele
ST'd
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09H
22:21
22-ÞQ-166T