10-37
DIRECTOR OF
HUM.
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852 877 0802
P.52
a
and
instrument I conclude that it must we within the spirit intenament of Article XIV that the Governor should by that Article have been given a power which included, as necessary incident to the due performance of his office, the authority to delegate the power where circumstances were considered by him to make this necessary.
ust rave
reasons.
ladenince
100
In my opinion authority for some form of devol
peen intended to be implied,
to be implied, for practical Although the Governor exercises tris prerogative power as a servant of the Crown and not as a vicero; I do
of the not consider that he can
minister De equated with = Crown in England who exercises prerogative powers of the
Crown Las
distinct from statutory powers: see key. v. Secretary of State for the Home Department, ex parte
LA 1195 per Lord Jonaluson at
as the alter eyo or
or the Crown under the Carltona principle. The Governor nas legislative powers to exercise by and with
VII of Mavice of the Legislative Council under Article
the Letters Fatent ano re assents to bills under article X
subject to the restrictions imposea by clause xXVI of the
Koyal instructions. He summons and presides over the
VIII of Executive Council pursuant to clauses VII and Moyal instructions. He presides over the Legislative Council under clause XXI of the Royal Instructions. He does
not have a portfolio or assume responsibility for government
departments, nor 15 1.2 answerable to the Legislative Council
in the way that Minister of the Crown is answerapie to
Parliament.
the
سے
the
Accordingly, whilst I do not intend to be taken to
be holding that the Governor can in no circumstances act
through another person who is his instrument or alter eyo, I
nevertheless cannot accept that the Carltona principle, as
recognised and applied in England, is applicable to the
Governor's powers and auties under the Letters Patent. The
systems of government are not the same. I apprehend that
this explains why in the past it was common form in former