TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 62

22-APR-1991 17:06

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.08

Such appointments together with the warrant of appointment. where such warrant limits jurisuiction of powers be exercised. by, the person appointed shall be notified in the gazette.

6

t.o

Sub-section (4) provides that "any magistrate

be a Justice of the

appointed under this sub-section shall Peace by virtue of his office.“

was In 1974 by. Ordinance 3 of 1974, section 5

after the amended by deleting the words - 'under his hang' word 'warrant'.

The basic facts

purported to the Chief

It appears from an affidavit of Donalu Tsany, Director of Administration, that from a file kept under his custody the then Governor, Sir Murray MacLehose, to delegate his power to appoint magistrates Justice on 14th February 1974. Mr. Tsang exhibited a minute dated 11th February 1974 to the Governor

statea;

"2,

ỵ.E. is invited by initialling the file to delegate formally to Chief Justice your power under section 5 of the Zagistrates Ordinance (Cap. 227} agpoint permanent and special

}} magistrates

·

to

which

(This minute was prompted by the Magistrates (Amendment) Ordinance 1974]

Sir Murray MacLehose

+

(as, he then was) initalled,

under his initial.

the minute and inserted '14/2 [Mr. Keane attempted to arque that there was no sufficient evidence before me to identify the Governor's initial. This submission was unreal given that Mr. Tsang provided the minute from a File in his lawful custody as Director of Administration of the Hong Kong Government.

Mr. Tsany further certified that the copy he exhibited was a correct copy. I

•

Mir. Julian Betts the Registrar of the Supreme Court confirms in an affidavit that from a review of recordg in his custody as both Registrar of the Supreme Court and Secretary to the Juuicial

the Judicial Services Commission, since March 1974 all magistrates nave been appointed by Chief Justice oy warrant under seal pursuant to the delegation from the Governor.

the

80'd 0490 698 2S8

ל פ כ

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