TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 40

DIRECTOR OF HUM.

852 877 0805

P.29

27

time to do anything else.

„E understand that there are

approximately 120,000 civil servents at present 17 Hony

Sonų.

This is a conclusion to which, 1. my respectful

Opinion, сле 15 riven compelling zorce, cespite the

express delegation provisions 1 Article xlll, inserted by amendment because, without them,

them, no celegation of powers under that Article was apparently lawful.

ve

1-

5767

CA

There 10 strony support for the proposition that an

this context powers can

pilea, to re found, for example,

the decision of the priv Council in Cameron Arte (1... - chapy 343.

one ここ a series of

Important. Tases „nich belu that the Governo:

of e Telony,

Save the sovereign

Y him on nis Own

rtue o his appoint.ent,

not,

authority selegated to

authority nich

•

dCt Jone 2

nas not Jutnorized either ci

2:

for 15sion, expressly or pliedly any instructions,

ryuivalent to such on act Laina Gone cy the Crown

was

itsel:

as consequently invali..

varor jakke -ave

the judgment of the zoarc, ano ut 2.003 ct the LR report

..e are therefore of opinion that the

the sense LUOVA entiones

not the

overnor Joes not represent The Severely:

under his

Curàcter

2 delegate of all the Royal power. It, therefore, the Governor 10 an officer only with limited Lowers, which do not expressly incluue the Act in juestion Itne Governor had issued "notification"

C manu and seall,

Such an Act cuthorized by implication? Implied powers way we given to an ctfice us incident, either ecause they are necessary to its que execution. ΟΙ because they are sucn as have been usually exercised

those who nave borne it."

I do not accept that the necessity of implying the delegating power is obviateu oy the fact that resort can pe had to the Carltona principle so that all appointments and