TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 49

LIFECT

HUNT.

26

to appoint

Chuer Miticle XIV ot

power Conclusion that the Governor Todge's conclusion that public officers (including agistrates) the Letters Patent is "suc-gelegable.

the agistrates

that

TUD J

-- | C

power under

in law in nolcing

Ordinance, ne errêt 17

„overnor's February 1974 minute was

an

insufficient

to the Chief Justice powers gution of his

to appoint had been selevated in a casual

the tower

and that

manner.

also asserted that tne

the

Governor

not

nave

15

ça erres

rand directou to

iu. ii.

Source

* ne

when

19

as asked to celevate,

and

at the

he power sc to appoint

1

strate

Ust

communicate that fact to the conee.

pristen

"Jinance,

-ear,

ނ

Te.

nat ince

- } there

دن.

etween

-

-ticle kiv and

the

•

+

nas Common

groun, thet

نال

**

riting

anu

(3.

спе

itentic:

Vidu

erred in law an

that once

Jovernor nac

inces

วัย

power to appoint

istrates

es

Suation

-elevate

*.ne

intention

the

Size: Justice

C15 inute, it would rot nave rattore.

thute referred only to

the

*Cinance.

cf the Mugistrates

utting and reference to wrticle AIV Oi the

t.

that

so not

question hether the

Louns In

that unything turns upon the

under his and which werQ

words

be

the Magistrates Ordinance before the 1974

ainer dinent. sad the effect of preventing the Governor from

deleuating his powers

Powers under trat section sy way of S.63

of

Cap. 1, nor won the question whether the deletion of those

words in Tact removed any such impedient. What is clear,

however, that the craftsman of the inute which the

Governor

the way initialles on 14th February 1974 thought

that the answer to Jotn those questions was "yes". For the

reasons that ne gave, the judge salu that he did not see why

the court should be forced to speculate as to what the