TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 27

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

DIPECTOR OF ADN.

953 977 0802

F.16

14

the

Creitance:

Com:Ludicr

zinance,

conttur.

intention ང

to tencer

3:

...terpretul.ci

Cau

Jenere. Cicuses

Inance

7

d the

Lancs

1 Lowers

ch: Governor.

fectuary 1.7% inute snowl. NOU MI

37

706

Aovernor Signet ne inute

under

that

IV ef she

Sa

Ma-stratvi

februar;

rance,

nac applies HAS 70 to articic

ers Patent. 'The

the Governor ndo

was

tenued La

e powers

ne

have au

the provisions of Cap. weli

However, ne the judge)

could not bring

nirself to conclude that it could be proper

deal with powers delegated by the sovereiur

casual manner. it

19 governor In sucR

こん

ここ

would have been simple for the Governor ここ

have been asked to sup-delegate both the

Article XIV powers and the s. powers. This

was not done and he did not see why any court

should be forced to speculate as to what the

Governor has in mind at the relevant time.

might be said that this was a very technical

approach, but these were matters of nigh

constitutional importance which deserved to ve dealt with properly. It did not appear that

the Governor nad had nis mind directed to the

source of tne power he was being asked to

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