TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 25

CONFIDENTIAL

4.

6.

The appeal hearing

Civugi.

15

commences on 29 April before vice

Fresident ruau and Two Justices of Appeal, Kempster and considered a strong court which can be

unpeuleu yive a chiviouyn anu bearuning scrutiny to the

algumentə VI DOLI slues. So far as it is realistically

PUSSIDle το venture

view, we consider that we have a

reasonable prospect of success

our major grounds of

appeal.

The

Crown's grounds of appeal and the Respondents' Notices are annexed in full. For convenience, however,

the principal grounds are set out here, as follows:

(D)

Lie

s minute of February 1974 constituted a

sufficient sub-delegation LU the Chief Justice of

Governor's power under section 5 of the

Magistrates Ordinance to appoint magistrates;

tne

Lie delegation was not derective or unlawful by reason of its being ellected in a "casual manner";

Lie Juuge errea in holding that in making the delegation the GovernUI'S mind was not directed to

Lecaune

chere was

source Of the power to appoint magistrates

dil intentION to delegate the statutory power and section 63 of the Interpretation

anu General Clauses Ordinance constituted a source

UL the power LOK the Governor to delegate;

LU

Life

{r} the judge was wrong in holding that the Governor

should have communicated the fact of the delegation

Coffel Justice as aonee or the power;

Lurnermore, that Line Judge was wrong in holding nere was no evidence that the Chief Justice

that he was being given the power to

Lial

was ever told

CACI VIJV

GMC

JUVEL MUL

Q

power under Article Xiv or

the Letters Patent to appoint magistrates;

CONFIDENTIAL