TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 68

22-APR-1991 17:09

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.14

13

dezives nis autnority #rom the

Governor.

But here

is first,

the

une Disector faceu with two uifficulties: maxim delegatus non potest delegare, anu, seconuly, the proposition that the Letters Patent require the personal exercise by the Governor of the power to maxe grants anu dispositions of Crown

alther as a matter of construction land, of Article XIII or on the yroùnu that the provisions of the Article amount a delegation of the Ruyai Prerogative in the matter of disposal of Crown land. EACH is a formidable difficulty. the first, no argument has been against the applicability of the maxim, that the matter it ig not suyyeateu

is one signature of such agreements necessaril in the

Y

anu

Of

which

Sr.

to

As to

advanceú

interests of administrative convenience, fall to be dealt with by officers suboruinate

by

the

to the Governor. As to the second uifficulty I woulu nold that power conferred upon the Governor Article XIII is one personal to his high office The disposal of Crown land in any territory of the Crown musc matter of consideravle consequence.

well be that the Governor is a delegace of the prerogative of the Crown in this respect. Whether this be

се a

50

anu

It

not,

the Letters Patent have the force of law, overriding local laws (vide colonial Laws Validity Act, 1865) the obvious intention, in my view, is that the power of disposal of Crown lana is one to be exercised by the Governor personally, in

in the absence of legislation enabliny some other moue of . aisposition. It is significant that in

territories the grant Dy officers

even O E other than the Governor

such transient rights as temporary licences to occupy Crown land is the subject of specific enavliny leyislation.”

any

Presumably,

Article XII1

was

as a direct result

1you so a...enced in

of this

to

decision, read as "follows:

benalf.

anu

•

XIII (1) The Governor, in Our on Our fants

anu name

may Makd ans execute

of any Lands uispositions

Di'd 0190 698 258

02:21 22-40-1667