TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 59

080

F.48

Is the Governor's

XIV cele juble

ndex

This question lies at the neart of this appeal. if

the Governor's power under Article

13

is not implieuly delegacie cut

Governc! Personall

XIV of the Letters Fatent.

is only excerisable cy the

then it seems to

islative woners Conferreo

that the

ཀ 0,

with he

under Article

Pass Legislation, purpo

ここ

end consent

Fay not

the Lealelutive Council,

exercised

↓

oking them celegable.

enlarge his Article AI. powers y withough is well settled that Article 11 confere plenary

islative

ccrtull zesrivations,

the

་ ་

*ncse

that the.

not DE

Council

tions

exercises

con

airenaments

the Lé

fotent to which they owe theil

Trus

rticle II

office

$4

Inter

Letters Patent

and

༣

10

the Governor

perior. :

tenour ci

tiesc

Provides:

..

And

reirs

نتان

wo hereb

Authority,

Alter, or amer..

It follows

Old

reserve

Cursive...

Successore full +

tine

to

hese

ܝ,.

time, to revoke,

letters Patent

set.

C

the rticls

IV

power

properly to se construed

as conteiring a purely personal and

virtue of the

C

non delegacle power upor the Governo: then it can only be the Crown which mas the relevant

Prerogative, to enlarge the Governor's power to appoint by

nengment of Article XIV declaring that the Governor's power is celegacle: c.i. Hex v. To Lam Sin (1952) 3 HKLM 1 at p.12

V. L1 Bun (1957) HKLM CY. This ..as the course adopted in 1960 subsequent to the concession by Crown. Counsel 13 Ho Po Sang v. The Director of Public Works (1959) HKLR 032 that the Governor's power under Article Xili to nake and execute grants and dispositions of land was not Jelegacle.

and Kea