1966-HKRS29-8-33_Part03 — Page 9

Effect of past con- tracts by public officer.

Omission of Litle after signature of

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sufficient to name the office held by the Governor or such public officer, and the Governor or public officer shall be deemed to be a party thereto as if the Governor of such public officer were a corporation sole with perpetual succession for this purpose.

60. Any contract or other document signed, executed or made before the commencement of this Ordinance by the Governor or by any public officer on behalf of the Governor or the Government or of any Government department shall be enforceable as if the office of Governor or such public officer had, at the time of such execution or making. been a corporation sole with perpetual succession for this purpose.

61. The omission to add the title of the public office held by the Governor or any public officer signing or executing any contract or public officer Other document after the signature of such officer shall not exclude immaterial.

such contract or other document from the operation of sections 59 and 60.

Signification

Governor

in Council,

PART IX.

Crown, GOVERNOR AND GOVERNOR IN COUNCIL.

62. (1) Where any Ordinance confers a power or imposes a duly of orders of upon the Governor or the Governor in Council to make any subsidiary and Governor legislation or appointment. give any directions, issue any order, authorize any thing or matter to be done, grant any exemption, remit any fee or penalty, or exercise any other power or perform any other duty, the exercise of such power or the performance of such duty may be signified-

Delegation

by Governor.

(a) in the case of the Governor, under the band of the Colonial

Secretary:

(b) in the case of the Governor in Council, under the hand of the

Clerk of Councils.

(2) Notwithstanding the provisions of subsection (1), proclama- tions shall be made or issued only under the hand of the Governor himself.

63. (1) Where any Ordinance confers powers or imposes duties проп the Governor, be may delegate any person by name or the person holding any office designated by him to exercise such powers or per- form such duties on his behalf and thereupon, or from the date specified by the Governor, the person so delegated shall have and may exercise such powers and perform such duties.

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(2) Without prejudice to the provisions of any Letters Patent or Royal Instructions relating to the appointment of a deputy to the Governor, nothing in subsection (1) shall authorize the Governor to delegate any person to make subsidiary legislation, issue proclamations or to determine any appeal.

(3) Where any Ordinance confers powers or imposes duties upon the Governor and such power is exercised or such duty is performed by any public officer, the Governor shall, unless the contrary is proved, be deemed to have delegated such public officer under subsection (1) to exercise the power or perform the duty.

Council.

64. (1) Where any Ordinance confers upon any person a right of Appeals to appeal, other than by way of petition, to the Governor in Council Governor in against any decision of any person, public officer or public body, such appeal shall be governed by rules made in accordance with subsec- tion (2).

(2) The Governor in Council may make rules governing the proce- dure to be followed in appeals, other than by way of petition, to the Governor in Council.

(3) The conferring by any Ordinance of a right of appeal to the Governor in Council shall not prevent any person from applying to the Supreme Court for an order of mandanus, certiorari, prohibition, injunction or any other order, instead of appealing to the Governor in Council, where an application for such an order would lie, but no proceedings by way of mandamus, certiorari, prohibition, injunction or other order shall be taken against the Governor in Council in respect of any such appeal to the Governor in Council or any proceed- ings connected therewith.

(4) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise, and whether such appeal is made by virtue of any Ordinance or otherwise) shall act in an adminis trative or executive capacity and not in a judicial or quasi-judicial capacity and shall be cotitled to consider and take into account any evidence, material, information or advice in his absolute discretion.

(5) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise and whether such appeal is made by virtue of any Ordinance or otherwise) against any decision of any person, public officer or public body, may confirm, vary or reverse such decision or substitute therefor such other decision or make such other order as the Governor in Council may think fit.

65. Any reference to the Sovereign or to the Crown shall be con- References strued as a reference to the Sovereign for the time being.

to the Sovereign.