PIKEOTON DE
33
こい
1
(C)
any instructions
ven to the Governor
by Her Majesty through the Secretary of State as to now sucn power should be exercisev and in particular any
instructions
Reyulations.
containeu la Colonial
In my quayment, properly construed, s.15(a) makes it clear that the Ordinance does not in any way circumscribe the plenitude of the Governor's powers in Article xiv of the
Letters Patent. In other words, the Governor's powers are
to se
Druinarce nau not ween pussej the
Ordinance cannot we played in alu to render anything which
was lawful before it was enacteu,
as re arugu
if the
unlawful.
-
in o far as pudyes ca
the Supreme Court and or the
nave seen that while the
District Court are concerned,
relevant rdinances stand, the Governor, uj virtue of
Article II anu what 1s said in Article IV itself, cannot
appoint こ judge who 15 not qualified in terms of the
applicable statutory provisions, ana De must
appoint.ent in the manner stipulated since there 1s no
Saving of the Governor's powers unuer Article XIV.
the
The Governor's Article XIV powers are completely
unfettered and therefore free, too, from the requirement,
express or iulieu, that le must seek. receive or neeu
advice from any source wefore ne Makes an appointment. In
By view it 15 wrong to limit the effect of s.15(a) simply to
the act of appointing (about which the rest of the Ordinance
1 S silent) ignoring all that goes with the power vested in
the Governor involving such matters as the choice of the
person to se appointed and the advice ne seexs or receives about a particular appointment. Nor do I think it right to
as if all it contained were effectively a
proviso that the Governor was not wound to act upon any
advice tendered to him under the urdinance.
reau
S
15(0)