DIRECTOR OF ADM.
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P.22
I have no dourt, therefore, that a generous and
purposive construction must be put upon Article XIV and the
rest of the Letters Patent; this is not to say, of course,
that the ordinary canons of construction have no place l1.
constitutional interpretation.
The powers
A coloniai lexiulature
it 25, I think essential to recognise the
Limportance and effect of article VII:
11 (1) The Governor,
and with the advice
anc consent of the Legislative Council, may
акс laws for tne peuce, cruer and good „overnment C1 the Colony.
12)
There are numerous
authorities explaining the
erfect of Luca provisions. An example as oricery
Commissioner 7. Ranasingne (1963) AC 172, where Lord Pearce spoke of "the phrase habitually employed
employed to denote the lenitude of the sovereign legislative power, even thougn that power
within certain reservations.
ر.
Several of the leading cases are referred to by SII Denys Powerts, C.J., giving the pudgment of this Court in Winrat Enterprises (H.K.) Co. Ltd. v. Attorney General
112041 HKLR 37, at 2p.47 and 48, anu ne observed, at p.40:
"It therefore seems to be established beyond doust that the phrase 'peace, order, and good yovernment' is not ampiyuous or uncertain in extent but merely so proad in scope that it nas no poundaries, save tnose which are
imposed upon it by the constitutional instruments of the territory itself or by Imperial enactments or orders in Council which are applicable to the territory."