TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 61

DIFCRỤ

46

In

editors

at

Out By local legislation and given the ilexizle interpretation which changing circumstances require. connection I would acopt the opservation of the

in Statutory interpretation,

6710

that:

2nd edition,

"ic one woulc Constitution shouls

35

st that a written

یاند

Construed for uli

the court wore sitting the day after

unacted,

a well

DP

15 would not

have been

11. 1917 that sary for the Governor to celegate any part of nie power

"Juages, Commissioners, under Article IV to appoint

and other necessary officers the Peace, and

ces

mencrent

exten

0

and

her

At the present time,

such

nen the 1971

Peace

the

to Mrticle IV operates, the power is expressed to the oppointment of "Judges, Justices of the It is common ground that public officers".

that the Governul circumstances la song rong are 20 rxpected to appoint all "public officers".

Josue concerns The Immediate

peace. agistrates and justices of the

any ot

nem.

rejecting

Auoptiny the purposive approach

007

cannot

Thero alv

the appoint ent

11.01cated above and

in the present circumstances the applicatility or

the aritona principle

jouge peich 103 the

the other

in his

erpers of this Court have acne), I a. unable to accept that conferring on the Miticle IV is properly to ce construed as Governor a pare personal power which he may not delegate

1:uelegation of part of mis power should

Although Musurave v. Opinion cecome a practical necessity. Pulio (1879) 5 App Cas. v2 (P.C.)

5 App Cas. 192 (P.C.) and the cases

cited establish that a yovernor is not

even

therein

in ordinary cases a

Viceroy and does not possess general sovereign power, the authorities recognise that, to the limited extent that sovereign authority is conferred upon nam by his commission, it may include implied as well as express powers. Cameron v. Kyte › knapp. 332 the Privy Council held at p.

Thus in

345: