TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 53

"DIRECTÜK UN" "ADIT.

40

852

P.42

the authority wy which they were remanded on võil an incre

way without resort to the naweas corpus remedy.

than one

Conclusion and proposed Order

For the reasons have attempted to give,

concluse tnat as a matter of law, MI. Line's appointment as a ragistrate was always valid. This makes it unnecessary for het aoûress the "de facto judge" doctrine.

I would allow the Attorney General's appeal and

wouls set eside all the orders made by Kaplan, J. on 22nd April 191, including the declaration he inaue on that

Jay.

ċemp

J.M..

Soverei~~

The authority of the governor CI nony Kony derives

from the Crown and, unlike that of a viceroy, 1- contineo so

such prerogative powers as are entrusted to Din Y the

the Letters Patent as supplemented by royal

instructions. In availing himself of these powers he is

exercising the authority of the Crown. Musgrave v. Pulido

(1879) App Cas 102 at ~ 111. Exiguous as they are the

Letters ratent presently rovide mony ong's constitution.

After July 1997 it

ly 7 it will be found in the Basic Law of the

Hong Kong Special Administrative Region of the People's

Republic of China as promulgated on 4 april 1990.

It is common ground that no express provision for

sub-delegation is made in Article XIV as it is an article

ΧΙΙΙ and in a number of more recent and detailed

constitutional Instruments such as that applicable to what

was formerly British Guiana. Nonetheless, in 1917 and

before, necessity would have given rise to such implication

as regards "Judges, Justice of the peace and other

necessary" or "public officers" at the Governor's