TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 30

J

(1)

'Tenclusions

1 2.1 satisilej,

Changes in languace

Ievaru

paseu

that

argumento addresses to me

..

the

ގ

the

sther

Governor':

power to appoint public officers including

-avistrates) unuer Article xiV 10 suc-ueleyable.

em also satisfied that,

Ris

Jovernor nas purported to sub-sel@yats Powers under section 3 ci the lagi. truter

Idinance my virtue of the 17 ។ anute, lynifies the then Governor's intention to nuc-uelegate under

that Ordinance.

I am furtner satisfied trat tne

Nower to expoint magistrates SoundFlevople in la wy virtue

section D

Cup.i.

14

section

DOUZ

.19

nct

that

Sectio

er-s

3 of Cap..

section

ruinance itself

aut

¿vo10eu either

the way425 rates

31

My reason ci the terms

the Juuicial services Commission.

i).

reaning

In other voras,

Ordinance,

resect the

Incicat?

1.. the

•hat trese two Matters

intention to section

section c£ Cap.1.

L

i reject the SUDwission 1600

the purported bus delegation unae:

section

St the

istrates Ordinance

Lee

*

ufficient sud-oelevation 17 la. cf the powers

he Governor contained in

2.7 not prepered to construe the February

inute as on effective sub-selejetion of the

Article

¿IV poweY

Pausing here for

يم

to appoint Wegistrates.

moment, the stark effect of the

nage Sy

·

judye's conclusions 15 that the appointment of a magistrate

tre Chief Justice in the exercise of powers cleari and apparently lawfully, celegated to nam by the Covernor in

accordance with statutory provisions enacted cy the

legislature of ong Kong has Seen declares invalid. Some bu

Jagistrates, we are told, are 11 the Same position and, if the judge was right, almost every magistrate who has taken

nis seut in court during the past 17 years was unlawfully

appointed. The question that arises on this appeal is

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