TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 57

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

PELTOP

353 177 0208

raght, an effect, to regulate Article Alv. No proviSION. IN

eny rirary ст subsidiary legislation

[

Brann

requiring

ilcations for appointment as a mayıstrate hai Leen

ttention.

rowern

appointment or Justices

his

The authority for the -verno: to Jeleyate

the Peace anc ci

ris out! to for opinions,

"agi tretes as well

Coth

zoniertes

posed

sna

1 of the

reirance:

kdinance.

Power

seri

rection.

Delive

Fron

interpretation an. General

contrar. Intention then appearing

Jose sections have no cirect appil

ather S

that

minute C:

the erfective SQUICI C1

stions

Clauses

or any

tion to

11 February

2, JOUUONDA

rot

else to

the suspended power

Article XIV, heen by paplan Jas

A

jelegat 10 fyat the appCIDE ent C:

01 Lue Peace the Chiet

ot wednoc. dry

reasonUL

-ne

Over

nd ex-officio

JusticeS

he BVIOUS selecate.

-

-oulu

20 FebrJary

fro

Justi

Both

Coula Re

સે

VICA

strongly neer argued that the

Commission cr.inance, enucteu or.

Jemonçtrate

contrary intent107.

cate, render the elevation さい the Chief

unreasonavle and unle.ful. HOW

Le

Governor upout â

Se

2s asked,

Cires LO Lencer acvice to She Pagisterial vacancy under section li it were contemplates that ne might have jeleyated or might delegate his power of appointment to another? In particular why

should the Chief Justice, Chairman. De required to aov; se the Governor on appointments me was himself to make by reason of the delegation of 11 Februar; 19747 Although a puzzling zeference to the Chief Justice in section 9 suggests that the draftsman may have been aware of the delegation in question the overall structure of the

ar'

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.