TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 72

18:45

DIPECTOR OF ADM.

953 877 0808

P.61

appoint

ut merely made it clear that the Governor

obliged to accept the Commission's acvice

was

not

when given under

section 6. In my opinion, the difference in the terminology

of section is (a) and (C) 15 explained by the fact that

27 the Letters Patent In fact vests the power to

make lawtul appointments

Article XIV

instructions mentionec

in the Governor ..hereas the

section 15 (5) can only relate to

tre manner ct exercise ct the power.

section

ices that

shell

16 menitest an

the ordinance shall

Jeroyatem from any provision of the botters Paten' vesting

the power 2 appoint. This seers to

intention to ensure that nothing

petract trom or control What r Lord

plenitude

I the Governor

NOWEY

under

nas Calles the

Article

relate.

ins that te Power uncer Article

appointments which car. we "lawfully" aue

Dear

terns

Article ::

.

exercise

requires that the power sacule

inter

alia "according

•

to such laws as

Gre

Snell

hereafter

Le

icice

the Colony.

15

Caus

contemplates

light,

Sp

Jone, regulato

the Letters Patent rat ioral

the

ten la

glenaty

power conferred wy Article XIV,

that the language ci section 1bia

01 the Legislature

@jually ว

Leers

to

indicates 200

reserve that

Plenary

save

the extent

ras

regulates

ԵՐ

other

and

egislation Such GS the Supreme Court, Vistrict Coure

ayistrates rdinances, nich contain no mimilar

reservation relating to The

prerogative

I have corne 10 miru the following

Master 21 the kolls (Sir C. Swinton Bacy)

the

Keyser case

tions ci

tue De

the Court of Appeel ivi. Ch. 17, 16:

༥

Those puwers

which the executive

exercises without Parliamentary authority are comprised under the comprenensive term of the prerogative. nere, however, Parliament nas intervened anc nas provided by statute for