22 Apr 1991
RE CHIU TE-KEN, DEACON
- Citation
- RE CHIU TE-KEN, DEACON
- Court
- Court of First Instance
- Case number
- HCMP718/1991
Although Article XIV powers to appoint public officers including magistrates are in principle delegable, the court found the 1974 minute did not effect a valid delegation of the Governor's Article XIV power to the Chief Justice; consequently Mr. Line's appointment by the Chief Justice was invalid; the de facto judge doctrine exists but on these facts it did not bar the applicants' direct challenge because proceedings were not collateral and the applicants remained under magistrate jurisdiction and had active judicial review rights.