TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 60

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CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.06

5

Magistrates Ordinance

(Chapter 227)

APPOINTMENT OF. PERMANENT MAGISTRATE

It ly hereby notified that, in exercise of the power conferred by section 5 of the Magistrates Ordinance, the Chief Justice has appointed. Mr. Peter John LINE to be a Permanent Magistrate with effect from 10th April 1986

•

It is this appointment by the Chief Justice

that

is the subject matter of complaint in these proceedings. No complaint has been made. against the qualification or suitability of Mr. Line. Although there is no evidence on the point, I have no reason to suppose that Mr. Line was not approved by the Judicial Services Commission as

Permanent Magistrate. He has Bat and proper person to be a

a Permanent For nearly three years anu has been accepted as Magistrate by his colleagues, the profession and the general public.

a fit

The issues

The issues in this case are quite simply whether

(1) Article XIV of the Letters Patent applies to the

appointment of Permanent Magistrates;

(2) If it does, can the Governor lawfully delegate the

power of appointing Permanent Magistrates to the Chief -Justice and has ne done so, and

'de

(3) If it does not so permit, 18 Mr. Line nevertheless to

be treated as a Permanent Magistrate under the facto judge' principle?

Mr.

Mr.

A number of sub-issues have been raised and with some I must deal. Matters of high constitutional importance have been raised involving, so it is said, the independence of the Judiciary and the rule of law. Keane's two lists of authorities contained 42 items, Lee's 33 and a further 19 items were put in auring the course of the hearing. That makes a total of 94 cases, articles and legislation. I hope I will be forgiven for not referring to them all nor for detailing each and every submission made to ma. I propose to deal only with those supmissions that go to the root of the Matters pefore we. Hr. Chany, Q.C. for Deacon Chiu, adopted Mr. Keane's submissions and added a few thoughts of nis own.

I

90 ́d 0490 698 258

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