TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 40

6.

(b)

The Chief Justice (Chairman, ex officio, of the Judicial Services

Commission) must advise the Governor and the Governor must

receive advice as to any such appointment prior thereto.

wednesbury unreasonable (by reason of the operation of the

Ordinance).

contrary to the policy and objects of the Ordinance.

(c)

(U)

contrary to public policy.

That no valid delegation to the Chief Justice has in fact occurred because the

purported delegation contained no limitation or reservation to the Governor

as to the number of Magistrates appointable by the Chief Justice thereunder.

Any purported delegation to the Chief Justice would be Wednesbury

unreasonable in that it would have the unforeseen and unreasonable

consequence of permitting the appointment of Magistrates to be made or

revoked by any permanent or acting or Deputy Judge of the High Court

(having regard to the provisions of the Supreme Court Ordinance Cap 4 and

the Interpretation and General Clauses Ord Cap 1 as to the exercise of the

Chief Justice's functions by such Judges)

CONFIDENTIAL