15-MAY-1991 16:23
DIRECTOR OF ADM.
852 877 0802
P.36
34
The Governor did not divest ni...selt
ΟΙ
his miticle
+
XIV powers at present regulated by s.(1) of the agistrates
Justice. Ordinance my delegating them to the Chier
de may
continue to exercise those powers as he thinks fit; and when the delegate exercises them they are, in terms of s.ċ3 (1) of Cap. 1, exercised on the Governor's Dendlí.
1
Service
to be noted that a
provision on almost
Identical lines to s.15 (ai appears as s.15 ci the Public
Commission urainence, Cap. 93. There is a Saving of
broadly similar kind in 5.29 of the Royal Hong Kong Muxiliary Police Force ordinance, Cap. 233. There is also
saving cr tuese lines 10 s.je of the Police Force Ordinance,
which allows, t s.14, persons to be appointed to certain
the Commissioner.
I think the Sare
leydi consequences follow from these differences. it 15
nelprul to recall what Loru Farmoor Selc in the ve Keyser
Koyal
ranks
The force
atter
there
At 376:
1 an further of opinion that nere â
nas Jeen directly regulated by statute > S a necessary implication that the statutory regulation must De opeyed, and that as far as such reyulation is inconsistent itn the claim of a Royal Prerogative riynt, such Sight can no longer be enforce)
There can De no "necessary implication:
Flynt 15 Expressly leserved.
..
..nen the prerojative
Speaking for myself, i see every advantaye in
continuing to use the machinery of the JSC when magistrates' appointments are under consideration, despite the fact that
the Chief Justice is the
the appointing authority while the Jelegation, remains
It may
rorce.
be thought that tne present situation is
untidy and could usefully we reviewed, out i am not persuaued that it renders the Governor's celegation to the Chief Justice of his power to appoint magistrates either
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