22 Apr 1991
RE CHIU TE KEN, DEACON
- Citation
- RE CHIU TE KEN, DEACON
- Court
- Court of First Instance
- Case number
- HCMP3480/1990
Court held that although the power to appoint magistrates under Article XIV is in principle delegable and local law (Magistrates Ordinance s.5 read with Cap.1 s.63) permits sub-delegation, the 14 February 1974 minute did not evidence a lawful sub-delegation of the Governor's Article XIV power to the Chief Justice; accordingly orders made by Mr Peter Line were made by a person not properly appointed and his appointment is invalid; the de facto judge doctrine did not save the appointment in the circumstances because the challenge was not merely collateral and the applicants' proceedings were on…