TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 59

22-APR-1991 17:05

CONSTITUTIONAL AFFAIRS BR

852 840 1976 P.05

(a) my power under section 79 of The Magistrates Ordinance Cap. 227.

(a)

.

the "fact that I am A permanent Magistrate lawfully appointed by The Chief Justice of Hong Kong."

I should add that I also gave both Chius: leave to amend their applications for Judicial Review to-enaple them – to take, in those proceedings, the same point relating to Mr. Line's appointment. I also agreed to deal with, the relief sought on that grouna ir I was of the view that Mz.... Line's appointment was invalid. Both Mr. Keane, Q.0. for David Chiu ang Mr. Chany, Q.c for Deacon Chiu applieu for leave under Order 53 to claim an injunction under section. 21J of the Supreme Court · Oruinance Cap. 4. I granted. such leave on the basis that both accepted that, if successful., they would be content with a declaration in lieu. Of injunction.

▼

·

I am therefore being asked to yrant the followiny reliefs although the precise terms thereof are subject to. my hearing counsel on the subject if I should Einu for the applicants;

1.

2..

3.

In the Hapeas: Corpus" proceedings an oruer that the applicants are

are peiny unlawfully, detained and for, the removal of all restrictions including the terms of their pail;

In that part of the Judicial Review proceedings dealing wien Mr. Liné's appointment, an order of certiorari to quash all orders made by him: and

In the Injunction proceedings a declaration in lieu of an injunction to the effect thatvide. Line's appointment is mull, volo and of nö effect.

(I emphasise that this is an outline of the reliefs sought on which there will be further argument if I find for the applicants.]

At the end of tne submissions, I also oraezeu ā stay of the proceedings against both applicants under the provisions of Order 53 rule- 3(10) R$C. This was granted without objection by Mr. Lee in order to

the status quo until Į delivered this juaguent having agreed to do SO ON 2ānu April.

preserve

Line's a

tment

G.N. 1319 is

in the following terna:

SØ ́d BLSO 698 253

S1:21 22-VO-16ST