TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 48

פשט

GUVERNMENT HUUSE

HUNG KUNG

1

4-29

FC:R

PHGE 27

(8)

By

(9)

CONFIDENTIAL

27.

his said obligation under the Letters Patent to act in

his powers

to appoint

accordance with local law to simply by-pass cap.92 by

purportedly delegating

magistrates to the Chief Justice who was himself a

member of the said Commission.

το

the

reason of the above, the purportea delegation

Chief Justice of the Governor's power to appoint magistrates

and the continuance of that delegation was invalid and

unlawful.

in

το the

If (contrary to (7) (b) above) the words "in his opinion"

section 5 of

referred the Magistrates Ordinance

number of magistrates, the purported delegation of the

Governor's power under that section was nonetheless invalla:

the purported delegation would be of a power to

the

number

оп

aeciae

оп

της

το

of magistrates required, a power wnion

Crown's own case was not delegable or intendea

delegated.

(10) Even

Magistrate appointment,

No.17/1988), was

would

as

if (contrary to (8) and (9) delegation to the Chief Justice were valid, appointment by the Chief Justice of Mr. Line

because

be invalid

notified in Gazette Notice

the

the above)

purported

the purported

as Permanent

purportea

1319

(Gazette

an appointment neither in

name nor on his behalf.

the

Governor's

(11) The "de facto judge doctrine" has ceased to exist at

CONFIDENTIAL

common

W11