15-MAY-1991 18:38
DIPECTOP OF ADM.
51
853 877 0802
P.53
colonial territories to include in the interpretation and General Clauses Ordinance a general provision (which could we exclused expressly or impliedly in a particular Crdinance) authorising the Governor to oelegate nis executive (but not legislative or quasi judicial) powers and duties conferred under any ordinance. Such a provision is not contained in the Interpretation Act 1978 and was not
contained
the
Interpretation act
4
Joy.
agent
whereas
I see
Roberts
brinner
Although delegation involves the appointment of an the holder of the power devolved by the delegation the application of the Carltona principle does not
litan Borough and Town Clerk of Lewisha
IC.A.) 621, ozy applied in reg va
7) the cevolution by way
こ
700 C.A }
饔
erticle
telecation which I reyard as implicit 11 the Governor's
rot involve has divesting himself of
of transferring it to another.
it
AIV power does
Ower by assigning erely involves, as any delegation generally does,
Authoriser
celesator
·
Auth
J
ayent
the
S รา the power
to de after the velcuation:
Jo and to continue
Clarke (1890) 25 ved 391. The authority to make
appoint conferred
therefore to to e
ре one which
1 S
Such delegation seems
required to се inplied as incident to the Governor's power
13 Such a very Dasic constitutional
instru: ent 1-
the Letters Patent which continue to operate
paradoxically, for historical and political reasons, 15 a
magni, developed ana populous territory.
(2)
ine relationsn. between Article XIV and section 5
cf the magistrates jidinance (Cap.
(Cap. 227)
Having determined (in agreement with the conclusion
of Kaplan J. and the other members of this court) that the
power to appoint conferred upon the Governor by Article XIV
is delegable, and that sections of the Interpretation and
General Clauses Ordinance (Cap. 1) applies to section 5 of
the Magistrate's Ordinance, I turn, in deference to the