TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 27

9.

You

are

CONFIDENTIAL

ق

Gr

dware

that

we have

doubts as entertained

to

whether the amendments to the Letters Patent approved by the Privy Council on 16 April are wholly adequate to

ensure that:

(a)

all

officers

appointments

Dy

ΟΙ

Judiciai

persons exercising

anu Olner

PUBLIC

power

01

either

purportedly delegated

by

the

appointment, Governor under Article XIV or conferred under any

law

enacted

pursuant

το

Article

retrospectively placed beyond challenge;

Vil,

are

(b)

the

official acts ΟΙ any such

any

purpose,

questionea proceedings or otherwise; and

(c)

persons cannot be

wie Lier

COUL L

the Legislature of Hong Kong has full capacity to enact laws providing for the appointment of judicial and other public officers by persons other than the

Governor save in those cases

the power is

expressly reserved to him personally by Article XIV.

where

JU.

we

Wish

το

keep open

amendments

OUL

ab LU Lie Meeu JUL

for

these purposes

pending

the

case.

further ultimate outcome of all appellate proceedings in this until the legal position nas peen clarilieu doubU8 remain about the validity of past appointments of deputy judges of the Supreme and District Courts, for example,

the DY

unier Justice unger powers

The Respondents in the appeal

who are

appointed

conferred by Ordinance.

are continuing to maintain that the Article XIV power of

appointment

succeeds

argued

below,

inconsistent with

is non-delegable.

If this

Lilal CoFlu

issue the question, also put in whether ordinance provisions which are

the limits of

contention

nov

the Governor's powers

CONFIDENTIAL