8
of Trinidad should be followed.
The relevant
portion of this Section reads:
and shall hold his office during
His Majesty's pleasure, subject to any
conditions contained in any regulation made
by or under the authority of His Majesty for
His Majesty's Colonial Service, and shall
receive Sneh salary as the
the Governor, wit
appoint
f the Legislativ
ke Legislative Council may
New Section (11)
The words "be capable of" and "and any
such acceptance or performance shall be ipso facto
an avoidance of his Office of Chief Justice
or Puisne Judge" are considered to be both
undesirable
unnecessary and dangerous :
unnecessary
because acceptance by a Judge of an Office
which is inconsistent with his judicial
position would in any event, be misconduct; and
undesirable, first
dengerous because they might, where no specific
statutory authority for such an appointment
ar
exists,
Pa
Pa
c. o.
9
Mr.
Mr.
Mr.
Mr. Parkinson.
Mr. Tomlinson.
Sir C. Bottomley.
Sir J. Shuckburgh.
Permt. U.S. of S.
Parly. U.S. of S.
Secretary of State.
DRAFT.
exists prevent the legitimate appointment
of a Judge to perform duties outside those
of his office, for which he is to
receive fees in addition to his ordinary
salary;
and secondly because it
Alternatively it might happen
through an oversight,
was/sp
that a Judge was/appointed to such an
Office notwithstanding the existence of
this Section in its present form. In that
would seem
event it might be hald either that the acts
would h
of the Judge in the Office were ultra vires
in
because he was, by law, incapable of
and Informing
and
de fado
accepting/it, that his/acceptance of the
would
Office automatically terminated his tenure
of his Office of Judge, that his
would
subsequent acts in the latter capacity weERE,
be
therefore invalid.
It is considered that the Section
FURTHER ACTION.
should be worded as follows:
"11.
No Chief Justice or Puisne Judge
shall accept or perform any other
office or place of profit or
emolument not authorised by law
without the consent of the
Governor:
Provided
e9
P
10
Provided that this Section shall not
apply to a Judge temporarily
appointed under Section 10."
Lin
In the circumstances I would wish you to
introduce
consider the decirability of introducing
amending legislation on the lines
indicated when a convenient opportunity
no adorce will I tundered Lin apiece. In the meantime/His Majesty
will not he advised to exercise nis power
Of
iowanee in connection with the
Ordinance under consideration.
I have, etc.
(Signed) PLYMOUTH
I apprecati that the passages inticised at
are taken substantially from the previous law, but their defecti discussed above an
of considerath importance and
P
10
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