TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 23

(e)

ง

the Governor therefore

did not delegate his power

under Article XIV to the

Chief Justice since his

mind was never directed to the source of his power

UL appointment;

any event the purported delegation was defective 15 was executed in a "casual manner" via a

Life ang there was no

Decause

a

minutę ULL

evidence that The Lact

Communicateq το

Chief Justice;

the uonee

the delegation had been

or the power, i.e. the

191

the

as

magistrate's appointment

was therefore invalid

having been made by the wrong person pursuant to

catcuteu anu ineflective delegation.

(h)

the

doctrine of the "de facto" judge is recognised

in law and is applicable in criminal as well as

However,

сле

Circumstances U↓

doctrine

did

not apply in the

Life Los Can case because the issue

of the validity of the magistrate's appointment was

Lalacú ab

jurisdiction

୪

ULLEUL Challenge to the magistrate's

in the course of proceedings in which

he had not yet become functus officio, and not just

Collaterally;

CONFIDENTIAL