TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 51

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

15-MAY-1991 16:27

DIRECTOR OF ADM.

852 877 0802

P.40

38

uncertainties.

As I nave salu,

it was clear precisely what to veleyate to the Chief Justice the Governor had in mind the power given to mim by the law in force in mong koný to appoint ayistrates, (paragraph (o)), and the Chief Justice could hardly have been in any count about the nature of the

it will have ween power delegated to nim paragraph (1. seen that I have round myself undule to subscribe to the I judye's reasoning summarised in paragraph (10), which,

rad an Glr of unreality about feel sound to say,

it.

in PY

With very great respect to the judge,

in paragraph (11), judyiment, the conclusions summariseo

(10) in pärdylapns Paseu on the tenuous reasoning

Ifr. Line's appointment was invalid, Cannot be sustained.

-

Leading counsel for

1: was certainly not for those reasons. the respondents barely sought to support the judge's

was salu ajout it lackeu reasoning, and what little

conviction.

The nabeas corpus IOCE

we

in the appeal but

the napeas corpus remedy was

The Chius ..ere relɑndea

Their wail was

These proceedings to not reature ished to De assured that properly applied for and granted. on wall by I. Line on ɔtn November 199. extenued until zith Marc. 1991.

In the eantime, on

7th December 1590 the Chius were given leave to apply for

On 11th March 1991 Nuzareth, J. judicial review.

ordered

writs of habeas corpus to be issued and served on wr. Line anu the sureties. Mr. Line was ordered "to have the applicant in the supreme Court"

the writ". Mr.

Kaplan, J. taken up by junior counsel for vir. David Chiu who sought to Justify the steps which nad seen taken.

"and to make a return to Line July made returns to the writs vefore The invitation to address us on the matter was

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