TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 66

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CONSTITUTIONAL AFFAIRS BR

852 840 1976

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Is the power to appoint magistrates contained in "Article XIV' of the Letters Patent delegaple?

Mr. Lea's submission was that if 'public officers included all of the civil service then this was a very strong indication, given the change of wording in Article XIV,

that it was not intended that the Governor would nave to appoint each and every civil servant and could not delegate this power.

!

Nr. Lee hastened to point out that the

that the appointment of juages of the Supreme Court is covered by section 6 QE the Supreme Court Ordinance, Chapter 4 which provides that they :

"shall be appointed by Letters Patent under the Public Seal by the Governor in accordance with such instructions as the Governor may receive through a Secretary of State

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Section 4(2) of the District Court Ordinance,

Chapter 336 provides that;

:

"District Court judges shall be

appointed by the Governor oy instrument under the Public Seal."

So in the case of Supreme Court judges. and District Court judges, no question of aelegation can arise. They must be appointed by the Governor in the manner prescribed by law.

·

The appointment of magistrates is covered by section 5 of the Magistrates Ordinance which I have set out above and Article XIV.

Mr.

is no

Lee therefore supmite that whereas there question of delegating the appointment of judges, the position in relation to magistrates is the same as in respect of all other public officers and it would be, absuru if the Governor could not delegate such appointments.

air. Keane emphasised, rightly, the very important functions that magistrates now carry out in Hong Kony and, in fact, have always carriew out. He submitted that there was nothing in the change of voruing in Article XIV that should lead me to conclude that

to conclude that after 1971, delegation in respect of the appointment of magistrates became permissile. I should point out that, Mr, Lee accepted that, prior to the 1971 amendments such appointment coula

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