TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 41

8.

(a)

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20

That the doctrine of the "de facto" or "colourable authority" Judge:

bas no defined role in the modern law of Hong Kong (and/or

Engiana)

(b) alternatively, if applicable in Hong Kong, should not be applied to the

circumstances hereof, i.e.

(i)

where there was and is settled Constitutional Order and/or

(11)

where the said colour of authority had been long time ufted

2010/01

(iii)

(IV)

where the defect in appointment was, given the principle that

all are deemed to know the law, a matter of public record and

knowledge, by reason of:

a.

b.

publication in the Hong Kong Government Gazette that

the Magistrate was appointed by the Chief Justice.

publications evidenced in affidavits of Mr David Clark

and Mr Gregory Willis, and/or

where a non-collateral challenge was made to the Magistrates

Jurisdiction, and/or

(V)

where, if the doctrine be a discretionary one, such discretion

should be exercised against a party tixed with actual knowledge

of the defect in the appointment.

CONFIDENTIAL