DIRECTOR OF ADM.
952 8 0302
P.31
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delegation under s.bs of the Interpretation and General Clauses ruinance. If the Governor employs that section and deleyates the power to appoint under
(1) сё tne
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De
formed. I
Magistrates Ordinance to someone else then, in the Lorus ot 5.03(1)(that]
"(that) person shall have and we exercise such powers and perform such cuties" and in doing so, 15 ill be
nis opinion which is relevant and nic has to understand the expression "in his opinion 20 00 T.O Fore than indicate that 2 subjective judgment 15 involved A. tne duty of deciding what is required for the efficient administration of justice" before the powero given by
exercised. In my view the case which was cited to us,
General (1970) AC 974, is really
are
tinguishable.
..uch ore helpful, in
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view, 13 the
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M.-C. CA wastherr Your AC $30, a case not cited to us.
limited
CI course, Clear that 9.0s of Cap. 1 28 application to statutory
enc cuties;
given ana i. Cose Di is lawful to celeuate a
1: Joes not apply to powers and Juties the Letters Patent cut 11
particular power Under the Letters Patent.
udument
10 perfectly proper to delegate the Sa ne power reflected in
statutory provision which regulates the Letters Patent
Lower.
15,
The power of relegation given by s.us of Cap. 1 true, ver; mide, sut such provisions are TY no means unknown in colonial legislation. It is entirely Matter
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for the legislature to cecide if any latations should we placed upon such 2 power. This could easily have been Jone By providing exceptions to the power of celegation in s.63 itself Jeyond the limitation already included in s.63 (2)
in relation to the matter before us. by making express provision In 5.5 of the Magistrates Ordinance that the power
Making appointments may not be delegated.
OLI
of
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