CO129-603-8 Legal Department- reorganisation 17-3-1949 - 29-12-1949 — Page 11

Derection

4

11

while also com (2.) ins

(2)

respect of any of the matters mentioned in the said subsection be deemed to have all the rights of barristers and solicitors duly admitted and enrolled under the pro- visions of the Legal Practitioners Ordinance, 1948.

For the avoidance of doubts and without

adores l`include i ment prejudice to the generality of the preceding

in se do to arraint dom thin

with

follow mger tir

ཉལ་ལ་ཅི

Dielinot off

Is the prison ( melsacea (2)

its interform

ન

The just pard

sih dud

"

aidh

effe

1 th expliquch mit produced

should not

-)

And th.

^:

YY

ttv

delar fad wan perves being

individuals when Litomy

find!!

Clause L.

subsection, it is hereby declared that a legal officer shall in respect of any of the matters mentioned in subsection (1) of section 4 have a right of audience before any court or tribunal".

The wording of paragraph (a) of clause 4 (1) might perhaps be simplified. The following is suggested:

"any duty conferred on, or any function or right

exercisable or to be exercised by, the Attorney- General by virtue of any enactment in force in or applicable to the Colony;

xx

11

The object of the last three lines of subsection (1) is not uite clear. If a matter is not one of public interest, in what circumstances would the Governor consider that the services of one or more legal officers should be employed? Another point which requires attention is that it is not stated how the Governor will notify his decision.

i

nand-ef.:

would-be-£o-emit the lagt three lines.

(These three lines certainty thich-ie undesirable.

Lause

mullestment of un- The simplest remedy

दं

The effect of the words "subject to any contrary provision" is not quite clear. Enactments which confer powers or entrust duties to the Attorney-General do not usually specify that the Attorney-General must not delegate his powers.

What is probably intended is to ensure that the Attorney-General will not divest himself of any function, power or duty which should not be discharged or exercised by any other person.

One way out of the difficulty would be to leave out the words aforementioned and to rely on the quasi- certainty that an Attorney-General would be careful not to delegate matters which require his personal attention.

tt

public, having wowed mi de drai

Thi

Another method (and the safest one) would be to follow the scheme set out in section 1 of the Law Officers

let, 1944, (ch. 25). This would have the advantage

1 avoiding any uncertainty and of making it quite clear that certain powers which bele exclusively to the Attorney-General will not be delegated. then coure is

adssities, the section aloud be limited exist.

-

A third method would be to make it clear that no deleg tion would be effective where the nature of the function, duty etc., is such that it cannot be dis- charged or performed by any person other than the Attorney-General (the drawback of such a provision is that it is not clear cut).

Clause 8.

The same difficulty as in Clause 7 arises and the

/Clause