TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 45

ששש

GUVERNMENT HUUSE

KUNG KUNG

4-29 8:51

PHGE 24

CONFIDENTIAL

24.

Civil Appeal No.63 of 1991

IN THE SUPREME COURT OF HONG KONG

COURT OF APPEAL

(On Appeal from H.C.M.P. Nos.720 of 1991, 3601 of 1990 and 721 of 1991 and H.C.M.P. Nos.718 of 1991, 3480 of 1990 and viy of 1991)

BETWEEN

THE ATTORNEY GENERAL

anu

CHIU TAT-CHEONG, DAVID апа CHIU TE-KEN, DEACON

Respondent

(Appellant)

Applicants

(Respondents)

2ND APPLI ANT'S RESPUI

Under Order 59, Rule 6(1) (D)

NOTICE

TAKE NOTICE that the 2nd-named Applicant, Chiu Te-ken,

Deacon, intends upon the nearing of the appeal under the NOTICE

of

dated the 23rd April 1991 from the

Appeal

judgment of the

Honourable Mr. Justice Kaplan delivered on the 22nd April 1991 to

contend that the learned Judge's decision should be affirmed on

the following additional or other grounds, namely :-

(1) Subject to (3) below, the power conterred on the Governor to appoint judges, justices of peace and public OrIlcerS py Article XIV of the Letters Patent could only be exercised

personally by the Governor. There is nothing express or

implied in the Letters Patent to permit the

sub-delegation of such power.

1

CONFIDENTIAL

delegation

ΟΙ

•

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