TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 69

22-APR-1991 17:10

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.15

within the Colony that may be lawrully grante or disposed of by Us,

nake

(2) The powers, conferred on the Governor my this Article may be exercised on behalf of the Governor by any person authorized, whether by

to or by reference to an office, exercise those powers by the Governor and such authorization shall be in the Hong Kong Government Gazette.

notified

(3) Any suen authority shall De subject to suen conditions and restrictions (if

as the Governor may specify, any)

and

may be varied or revoked by the Governor, and such conditions, restrictions, variation or revocation shall De notified in the Hong Kong Government Gazette.

52

(4) Grants anu dispositions of land mave under thie Article shall be made in . confizaicy with the provisions of suck Instructions as may from time to time given to the Governor under Our Royal sign Manual and Signet or through a Secretary of State and sucn laws as mdy for the time being be in force in the Colony."

Mr. Keane's argument is quite simply that if it was intended that the Article XIV power of appointment shoula pe delegated in respect of Magistrates, then one would hava expected clear worús to that effect, similar to those used in Article XIII (2) in respect of land grants.

Mx.

Keane submits that section 5 of the Magistrates Ordinance is consistent witn Article XIV of the Letters Patent. It provides for appointment by the Governor and he does not accept that there is any significance in the deletion of the words 'under his hanu' after the word 'warrant'. · [E section 5 does permit delegation, then Mr. Keane submits that this part of a local ordinance is in direct conflict with the Letters Patent and, being subordinate thereto, must De unlawful that extent.

MI.

to

Re

Keane further relies heavily öồn the woras his opinion in section 5 of the Magistrates Ordinance. submits that only the Governor can form this opinion anu celegation of the power to form such opinion woule pe vitra

St'd

852 869 0670

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วงม 02:21 22-Þ0–1661