1כ1חמד
DIRECTOR OF ADM.
352 877 0802'
P.47
45
Ordinance, requiring the provision of impartial advice to the Governor and none other, is singularly
is singularly inapt in the
circumstances and no less so because the Governor's delegated out suspended prerogative powers of appointment are expressly reserved. It cries out for amendment. Indeed, anyone also aware of the notices published in the Gazette after 1984 which revealed that magistrates were being appointed by the Chief Justice might well have thought the validity of such appointments open to question. inconvenience and even absurdity in the particular application of this piece of legislation coes not, in my view, suffice to demonstrate an intention on the part of the legislature to preclude the application of section 3 ci interpretation and General Clauses ordinance to the powers granted to the Governor wy section 5 of the magistrates
Ordinance.
But
of the
In the premises i also find that wr Peter Line's appointment, as from 10 April 1988, was valid as having been Made by the Chief Justice pursuant to a delegation lawfully
made by the Governor pursuant to ordinance. No more than my Lord the Vice President do I propose to rule on the
submissions made in relation to the
the "de facto judge"
principle. I would allow this appeal accordingly and set
aside all orders and the declaration made my Kaplan J on
22 April last.
Clowyn, J.A.:
I agree that this appeal should be allowed for the reasons given by my lord Fuad, which have my full support. He has dealt comprehensively with all the issues raised by this appeal. It is only because we are concerned with a
grave constitutional matter that I add an expression of my own views on three substantial issues before us.