DIRECTOR OF ADM.
نان
852 877 0802
P.62
powers, previously within the prerogative, being exercised 10 a particular manner and subject to the limitations and provisions contained in the statute, they can only be so exercised. Otherwise what use would there in imposing limitations, if the Crown coula at its pleasure disregard them and fall pack on the rerogative?"
7
In the House of Lords, 1n the same case, Lord Atkinson expressed the view at p.538 that this question was unanswerable.
However, the question was raised in connection with the effect on the prerogative of Acts of Parliament relating to the requisitioning of property required for the defence and security 01 the realın and providing Machinery for the payment of
Compensation. The relevant legislation contained
no express reservation of prerogative powers. in the present case the Ordinance coes contain such a reservation and it confers no auty on the Governor to accept any advice given to him by the Commission. In the circumstances
JyIer
the Ordinance
p.1207 as
lord Fuad that the effect of section 15(2) 15 to leave the plenitude of the Governor's power untouched by
see Bennion on Staturoty Interpretation, at it had not ween passed, and i agree that nothing 17 the Ordinance renders vold or voidable the Delegation of the Governor's power to the Chief Justice or the subsequent appointment of r. Line aue by the Chief Justice by virtue of his delevated power.
Mr. martin Lee, v.C., mr. J. Fetnes and X. Y.C. Mwony
(Crown Solicitor) for the Appellant
uit.
Desmond Keane, 2.C., (K.K. Chu & Co.) for the 1st Respondent
Mr. P. Loughran and Mr. G.J.X. uccoy
Denis Chang, v.C. and Mr. Johnny S.D. mok (Cheng, Yeung & Co.) for the 2nd Respondent
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