22-APR-1991 17:09
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.13
12
not De
deleyateu, So the change of wozuing is crucial, and what I have to decide is a point of construction of Article XIV reaĆ in the light of the rest of the 1971 version of the Letters Patent.
Article XIII of the Letters Patent
MX.
Article XIII Article XIII
O E
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Keane felieu very neavily on the history of relating to Land Grants The 1950 versión Of was in the following terms;
:
•
The Governor, in Our name and on Our behalf, may make and execute, under the Puplic Seal of the Colony, grants and dispositions of any lands which may De lawfully granted or uisposea or Us.
Provided that every such grant or disposition be wate in conformity either witn some law in force in the Colony or with some Instructions addressed to the Governor unaez Our Sign Manual ano
Signet, or through one of Our Principal Secretaries of State, or witn 60 lué regulations in
in force in the Colony.
Nothing in this Article shall be construed as preventing the enactment of laws by the Legislature, of the Colony rayaruing the making and execution of suca yrants anu dispositions."
*.
Article XIII was considered by a Full Court
in
consisting of Blair-Kezx,. J. and Mills-Owens, JA in HO Po-sang v. Director of Public Works. (1959) HXLR 632...The. Court was of the opinion that an ayreement "for the renewal
a Crown Lease WAS a disposition of land within the meaning of Article XIII of, the Letters Patent, and that the absence of enabling legislation' it wa's not competent for the Director of public works to enter intó such agreements on behalf of the Governor. At pages 667-8, Mills-Owens, J. put the matter thus:
The contention on behalf of the irector that the second responuent' nolas on the terms of the agreement implies that the execution of agreements for leases of Crown lanus is a matter within the competence of the Director. But whence is his autnority derived in this respect in the aosence of enabling legislation? The answer must Ne that
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61:21 22-Þ9-166T
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