TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 39

DIRECTOR OF ADM.

26

10

877 0802

clear and unambiguous, but it 1s other ise i there is any ambiguity in the orıyınāl

Lord Sterndale

provision. The principle is clearly stated ry

in Cape Drancy Syndicate Inland Revenue Comrassioners 119211 i KS 7031 +14. Where ne Salo:

V.

1

• I think 1 is clearly established Attorney-General v. Clarion 1900) 156 that subsequent legislation on the

111 looked to

order same subject may be

شید

to see what is the proper construction to we put upon an earlier Act where that earlier Act S Ambiguous. Ι pultu jy108 that subsequent legislation, 1f 11 proceed upon an erroneous construction of crevious !egislation. cannot alter that previous legislation; but if there be any aniquity 17 the earlier legislation then the subscycent leyisiutier

interpretation

t.ne corine

the proper

Mich 15 to we put upon

This statement mas suusequently

the

+

Conn

ween referre.

ith approval în number of occasions by nouse of Lorus: see

V. Betts

Jason

Attorne -Generi

AC

Limonu Investment Co.

143, 150, Karkness

AC

Prince drnest Augustus

unver

;

P.

28

It 15, perhaps,

prove inevitable to need

provides

not too surprising that It shoula

to supplement what as expressi

or the Letters ratent y necessar, implicatior in

nen one appreciates that the whole

CortalR areas.

Instrument nich, with the Royal

principal constitutional socuments

and sophisticated territory, runs

only to compare cur Letters Patent

Council

Instructions, comprise the

of this busy, populous

to only pages. Ore has

with later Oruers in

etc. applying to other territories which are SO

vetelle and comprehensive.

XIV

In my judgment it as not possible to reau Article

(appointments) and article XVI (15.715sals etc.) without

the necessary implication of a power to delegate because the Governor cannot possioiy, personally, appoint and dismiss etc. the entire public service of Hong Kong, if he is to have