18:13
DIRECTOR OF ADM.
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3201 are appointed.
Section 5 of the agistrates Ürdinance falls into the same category. The same can we said for legislation, Ior example, relating to the appointment of certain ranks of police officers under the Police Force Ordinance, Cap. 232.
While such legislation must not De repugnant to Article IV, it has to some extent superseded it in respect of relevant appointments, and has created a statutory sche.ne which pings the Governor while it as in force. I think that the following passages prom the speeches of their Lordships in Attorney-General Je reyser's Koyal Rotel (1920) AC 508
V.
help to explain the true constitutional position: and,
utangis, the proper relationsnip wetween
rutatis.
Article
At
ano the legislation to which
Coro Dunedin Salo:
nave referrec.
ci Parliament
Inasmuch as the Crown is a party to every mot it is loyical enouun to consider
which
tne
nat when the Act deals with sometnin= Jefore the Act could be effected prerogative, and specially empowers the Crown to on the S070 thing, cut subject ここ conditions, the Crown assents to that, and by, that Act, to the prerogative seing curtalled."
Lord Atkinson nao this to say at pp.539-40:
The Crown were
in the
useless
to
1 f
"It is quite ovicus tnat it woule pe and meaningless for the Legislature to impose restrictions and limitations upon, ano attach conditions to, the exercise by the Crown of the powers conferred by a statute,
ree at its pleasure to cisregard these provisions, and by virtue of its prerogative do the very thing the statutes empowered it to jo. une cannot construction of a statute attribute to the Leyislature (in the absence of woros) an intention so ausurd. suggested that when a statute is passed empovering the Crown to wo a certain thing which it might theretofore have cone by virtue of its preroyative, the prerogative is merged in the statute. I confess I do not think the word 'merged' is nappily chosen. I should
compelling
It was
prefer to say that when such a statute,