TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 86

22-APR-1991 17:39

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.12

31

as a "temporary Industrial Reyistrar" was challenged, and he took no further, action in the matter. At this point,

office of a taiza the Deputy to the Governor created a new

Service Board Deputy Inuustrial Registrar and the Public purported to engage Mỵ. Cawthorne as a Deputy Industrial Registraz pursuant to the Public Service Act 1967

He

-

1975 for

told

Mr. Cawthorne purpose of hearing the application. the parties that he accepted that his first appointment was invalid and therefore a nullity, but he regarded his second appointment as valid and effective.

treated.the evidence and submissions of the parties, which he had hear si during his first appointment વર્ષ evidence and submissions for the purpose of the second hearing, and after gaving the parties the opportunity of calling further eviuence and making further submissions, he granted the application for

registration.

an

An application was made to the Supreme Court for order of certiorari to quash his decision. The Supreme Court consisting of Bray, C.J. ano Sangster, and JacODS, JJ. held;

"

(1) That, upon the principle of necessity, the Industrial Registrar and

the

two Deputy Industrial Registrare in office at the time of the making of the application were not all disqualified from hearing the application, and the application snoulu have peen haard by.. one of them.

I

(2) That the first appointment of C. As temporary Industrial Registrar" was invalia there being no power to appoint a temporary Industrial Registrar when. there was already a duly appointed Industrial Registrar in occupation of his office.

(3) That the second appointment of C.. pursuant to $. 108 of the Public Service ACC 1967-1973, was not authorised that section and was also invalid,

by

(4) That although C.' 3 docs done under the authority of his firsc invalid appointment coula not be

be regarded as VA lia as being those of ส de facto public officer done in the apparently execution of his office Беса regular the validity of that appointment had been challengeu before he had given any

?

ક

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วาน T2:21 22-P0–1661