E
CSO/ADM CR 4/3221/90 (91) Pt. 2
(----)
EL(BA)I
Government Secretariat
Hong Kong
4 June 1991
SECRETARIAT INTERNAL CIRCULAR NO.
4/91
Delegation of the Governor's Power of Appointment
Article XIV of the Hong Kong Letters Patent 1917
to 1990 provides that
-
"
The Governor
may
appoint such
Judges,
constitute and Justices of the
whom shall,
Peace and other public officers as may be lawfully appointed, all
unless
otherwise
of
provided by law, hold
their offices during our pleasure."
AS you
may be aware,
amendments to Article XIV to put beyond doubt the Governor's power to delegate his powers of appointment under Article XIV and the validity of past authority appointments made
purported delegated
Your attention is drawn came into effect on 22 May 1991.
under
** new paragraph 2 of Article XIV which provides that -
The powers
the
on conferred
Governor by this Article may, save in the
10
judge of the of the District
the office of Chief Secretary,
Attorney General
Financial Secretary
and
restrictions (if any) as the Governor may
T
(2)
case
of the
Supreme
Court
office of or judge
Court
or
and
subject
to such
conditions
specify,
be
exercised
Governor
by
any
whether by
name
or
cn
person
by
behalf of the
authorised,
reference to an
Governor.
condition
office, to
notified in the Hong Gazette.
11
exercise those powers by the
or
Kong
Any such
authorisation,
shall restriction
Government
be
2.
of
You
new
2 of
Article XIV
of
are requested to comply with the provisions the Hong Kong paragraph Letters Patent 1917 to 1991 (No. 1) by ensuring that any
the Governor's delegate
to
which
power
of
be
of
authorisation appointment whether directly under paragraph 1 of Article XIV (and
condition or any imposed), or appointment
a
restriction
concurrent
may
under
statutory power vested in the Governor, made since 22 May 1991 is notified.in the Hong Kong Government Gazette.