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3.
Colonial Requlations
The disciplinary powers conferred by Article XVI are
bare powers. The Article does not contain within itself guidance as to how they are to be exercised, save only that dismissal, suspension or other disciplinary action shall be taken by the Governor "upon sufficient cause to him appearing".
skeleton.
13
It must be expected that flesh would be grafted onto this
This can be done in two ways
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(a) By the issue of instructions by the Crown to the Governor, which
is specifically provided for in Article XVI.
(b) By Regulations made by the Governor, as a necessary incident
to his powers under Articles XIV and XVI (see above).
The Crown may issue "Instructions" to a Governor in
various ways
(a) By formal "Royal. Instructions under the Royal Sign Manual and
Signet"...
(b) By informal instructions, which may be cral or, written and may
or may not be published.
(c) By mearis-of Colonial Regulations, though this is a matter of
dispute.
There can be no doubt that the formal type of Instruction
is legislative in character.. The Hong Kong Royal Instructions.
establish both an Executive and Legislative Council. If these
Instructions were not legislative in character, the Hong Kong Legislative Council would not have been constituted and none of
its laws would be valid.
Are Colonial Regulations to be regarded as "Instructions"
made under Article XVI? There is little authority as to their
status.
Sir Kenneth Roberts-Uray, at p.240 of his leading work
on "Commonwealth and Colonial Law", which is entitled to great respect
in view of his unrivalled practical experience of the subject, expresses the opinion that Col. Regs, must be taken as amounting
to the Crown's Instructions to the Governor as to how he should
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