TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DIRECTOR OF ADM.

892 377 0803

P.08

131

Any such authority snail se subject to such conaitions and restrictions (11 any the Governor ray specify, and may be varieu or revoked by the Governor,

anc such conditions, restrictions, variation or revocation snail DE notified in the Hong Kong Government Gazette.

(4) Grants and dispositions or land made inver this Mrticle shall we maue in contority with the provisions of such Instructions es "ay from time to time be given to the Governor Shuer dur koyal Sign manual and signet or through d Secretury of state and such laws as

३% for the time being be in force in the

lony.

it seems that article III was amended as ૩ alrect

tno vecision of the Full Court in No Po san

شار

redu

110 oras เ

J Case which

.st the light of the fact that counsel ICX the Crown au concedes that there

no power in the Letters Patent

was

br elsewhere for the Governor to velegate nis power to "-ake

ano execute

of clair-perr,

·

grants

cho Dispositions" CI lanu (see J.'s judgment.i

043

The overnor's general powers

ano authorities,

Cre the subject of

ana

the constraints upon their exercise, article II:

"II. ve go hereby authorize, empower,

Salu Governor ena

command cur Commander-in-Chie: (hereinaiter called

Governor,

to do and execut

selong to his said cffice,

all things according

CI these Uur Letters Fatent

tenour Commission

and

the

that

to the and of any Issued to him under Our Sign manual and Signet, and according to such Instructions es may from time to time be given to nim, under Our Sign Manual and Siynet, or by urder in Our Privy Council, or by Us through one or Our Principal Secretaries of State, and to such laws are now or shall nereafter we force in the Colony."

in

Turning to the acmestic statute LooK, s.(1) cf the Supreme Court ordinance, Cap. 4, provides that a judge of

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