TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 24

000

GUVERNMENT HOUSE

HUNG KUNG

4-29

8:40

CONFIDENTIAL

لن

PHGE ØS

(j) the

doctrine might apply, however, so as the prevent

defendants 10 cases already concluded before the

magistrate concerned (or indeed, other magistrates)

NOW raising the question of invalidily, but it

was unnecessary to decide the point.

3.

DOWELD

UL

Even though the amendments to Article XIV of the Letters

ratent approved by the Privy Council on 16 April, and any

additional amendments which on further consideration may De considered necessary, snouia provide all necessary Delegation, cure previously целессive

appointments and render unchallengable the official acts

of invalidly appointed public officers, there are aspects Cie juuyment wilen put in woudt the legal propriety of

long-standing Duministrative practices, in finding the

DY Life Governor LU сле слler Justice in 19/4

to be defective, the judge placed considerable weight on what ne described as the "casual manner" in which it was

done. However, he did not cite any authority to support

tn15 grouna for nis decision.

4.

allributing

woula be highly unsatisfactory and productive of much continuing uncertainty, 1 t the only guidance available to the Administration on this important point were to

remain a decision of a single judge. Furthermore, in

crucial significance lo the Governor's failure to cite expressly his powers under Article XIV

when making the delegation, we feel the judge has attached undue importance to matters of form rather than

substance.

therefore

reasons.

UIL

LU appeal Lne Judgment ΟΙ Kapian J was

taken principally for these, amongst other,

IL was considered essential that doubts on

matters of high constitutional importance with widespread implications for our administrative procedures should be authoritatively resolved at appellate level.

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