Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Letters patent article xiv

  • 22 Apr 1991

    RE CHIU TAT CHEONG, DAVID

    Citation
    RE CHIU TAT CHEONG, DAVID
    Court
    Court of First Instance
    Case number
    HCMP721/1991

    Article XIV power to appoint magistrates is delegable in principle, and appointments under section 5 are delegable under section 63 Cap.1; however the 1974 minute did not evidence a valid delegation of the Governor's Article XIV power to the Chief Justice and there is no evidence the Governor intended to delegate the Letters Patent power; therefore Mr. Line was appointed by the wrong person and his appointment is invalid. The de facto judge doctrine exists but is not applied on these facts because the challenge is not collateral and the applicants have not been finally dealt with by the magis…

  • 22 Apr 1991

    RE CHIU TE-KEN, DEACON

    Citation
    RE CHIU TE-KEN, DEACON
    Court
    Court of First Instance
    Case number
    HCMP720/1991

    Court held Article XIV power to appoint public officers (including magistrates) is in principle delegable and section 5 appointments are delegable under s.63 Cap.1, but the 14 February 1974 minute did not evidentially or legally effect a delegation of the Governor's Article XIV powers to the Chief Justice; therefore Mr. Line was not validly appointed and his appointment is invalid. The de facto judge doctrine exists but on these facts (challenge not merely collateral; applicants not committed for trial and judicial review pending) it did not save the appointment or orders made by Mr. Line.