TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 88

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CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.14

33

ollows: An officer de

facto is one

whose acts,

though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the

where the public and third persons,

duties of the office were exercised:

First, without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without

to submit to or inquiry,

invoke his

action, supposing him to be the officer ne assumeo to be.

Second, under colour of a known and valid appointment or election,

the officer had fan

but where

1 ed to conform to

some precedent requirement or condition, as to take an oath, give like.

a bond, of the

Third,

under colour of a known

void because

or because the

election or appoincment, the officer was not eligible there was a want of power in electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, of power or defect ceing unknown to the public.

want

ал election or

a public

Fourth, under colour of appointment by or pursuant to unconstitutional law, before the same adjudged to be such.

Any thing less comprehensive and discriminating will, I think,

imperfect and deceptive as

4

is

definition."

As in

case

would appear

to by Butler, to the Butler

to

che present Cawthorne, fall within the thira class of case referrea

C.J

+

Bray, C.J. mada one qualification

he saia; At page 333

classification.

·

"Despite apparent authority to the

contrary

to

V (see Elli

1

Bourke). i: seems

validity of the is challenged by a party

''

મ that if the appointment

EØ ́d Ø280 699 298

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