TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 31

4-28

8:44

CONFIDENTIAL

10.

PHGE 10

AND FURTHER TAKE NOTICE that the grounds of this

appeal are :

The learned judge, having concluded that

(a) the Governor's power to appoint public officers (including magistrates) under Article XIV of the Letters Patent is sub-delegable,

(b) the Governor's power to appoint magistrates

wonder

The Magistrates Ordinance is sub-delegable in law by virtue of s.63

of s.63 of The Interpretation and General Clauses Ordinance,

두 63

5.5

Of

of Cap.l

Cap.l is not avoided by the terms cf the Magistrates Ordinance Or the Judicial Service Commission Ordinance, Cap.92,

Governor has purported to sub-delegate his powers under S.5 Of the Magistrates Ordinance by virtue of the minute of February 1974,

erred in law not holding that the February 1974 minute Constituted a sufficient sub-delegation -lu Governor's power to appoint magistrates

the Chief Justice.

(2) The

learned judge erred in

GOVOZTOK had delegated his magistrates in a casual manner.

holding

that

the

power to

appoint

CONFIDENTIAL

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