TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 25

12-MAT-1391

DIPECTOR OF ADM.

853 877 0803

F.14

doctrinë

oreover, tne Corle

140 Application

poem advanced that the

concitions of settleg

the

constitutional government. In such circumstances orderly Feintenance of the rule of law required that litigante Lana in particular defendents in criminal cases)

udicial officers not properly

Deen suugested that

should not be tried by

appointed.

1

nau

ever

the Contiine

were applicable it would still not save the position wecause a ridden cefect zefect in .r. line's appoint:ent was not

the respondents to the Chius' as patent because It appeared in

s the public er

The defect

รี appoint:ent ~ the Chief Justice lather

aup! rations.

the

23

enu

than

The

overnor.

e pranespal conc.usions and findings

The

Summarisea

quuge' principal conclusions anu findings can

as follows:

1)

Jaylstrates

ere includes

21. the capiCSSION

ミリ

in Article XIV et

The whole civil

the

other public off

Letters fatell,

Service:

121

The

(د)

IN NIE Opinion

Occur

C the magistrates viainance reluted

solely to the number of magistrates ruguired

for the efficient acministration of justice.

AS to the Cur.ission that the whole scneme of

the Judicial Service Commission Ordinance,

Cap. 12 was quite inconsistent

Being

ہے

with inere

this

lauful delegation by the Governor to the Chief Justice to appoint magistrates, piece of local legislation enacted in 1974 could not we used to limit the ambit of

Article IV.