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.