TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 64

15-MAY-1991 18:38

DIPECTOP OF ADM.

51

853 877 0802

P.53

colonial territories to include in the interpretation and General Clauses Ordinance a general provision (which could we exclused expressly or impliedly in a particular Crdinance) authorising the Governor to oelegate nis executive (but not legislative or quasi judicial) powers and duties conferred under any ordinance. Such a provision is not contained in the Interpretation Act 1978 and was not

contained

the

Interpretation act

4

Joy.

agent

whereas

I see

Roberts

brinner

Although delegation involves the appointment of an the holder of the power devolved by the delegation the application of the Carltona principle does not

litan Borough and Town Clerk of Lewisha

IC.A.) 621, ozy applied in reg va

7) the cevolution by way

こ

700 C.A }

饔

erticle

telecation which I reyard as implicit 11 the Governor's

rot involve has divesting himself of

of transferring it to another.

it

AIV power does

Ower by assigning erely involves, as any delegation generally does,

Authoriser

celesator

·

Auth

J

ayent

the

S รา the power

to de after the velcuation:

Jo and to continue

Clarke (1890) 25 ved 391. The authority to make

appoint conferred

therefore to to e

ре one which

1 S

Such delegation seems

required to се inplied as incident to the Governor's power

13 Such a very Dasic constitutional

instru: ent 1-

the Letters Patent which continue to operate

paradoxically, for historical and political reasons, 15 a

magni, developed ana populous territory.

(2)

ine relationsn. between Article XIV and section 5

cf the magistrates jidinance (Cap.

(Cap. 227)

Having determined (in agreement with the conclusion

of Kaplan J. and the other members of this court) that the

power to appoint conferred upon the Governor by Article XIV

is delegable, and that sections of the Interpretation and

General Clauses Ordinance (Cap. 1) applies to section 5 of

the Magistrate's Ordinance, I turn, in deference to the