22 Apr 1991
RE CHIU TE KEN, DEACON
- Citation
- RE CHIU TE KEN, DEACON
- Court
- Court of First Instance
- Case number
- HCMP719/1991
The court held that Article XIV does permit delegation of the Governor's power to appoint public officers including magistrates in principle, and statutory mechanisms (s63 Cap.1) permit delegation of the section 5 power, but the specific 1974 minute did not evidence a valid sub-delegation of the Article XIV power to the Chief Justice; therefore Mr Peter Line's appointment by the Chief Justice was invalid. Although the de facto judge doctrine exists, it did not bar the applicants' challenge on the facts because their challenge was not merely collateral and the applicants had not been committed…