22 Apr 1991
CHIU TAT-CHEONG, DAVID AND OTHERS v. HABEAS CORPUS AD SUBJICIENDUM AND OTHERS
- Citation
- CHIU TAT-CHEONG, DAVID AND OTHERS v. HABEAS CORPUS AD SUBJICIENDUM AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3601/1991
Court held that Article XIV can in principle be used to delegate the Governor's power to appoint magistrates but the Governor did not in fact delegate his Article XIV power to the Chief Justice in February 1974; section 5 Magistrates Ordinance is delegable via s.63 Cap.1 but the 1974 minute did not evidence an effective sub-delegation of the sovereign Article XIV power; accordingly Mr. Line's appointment by the Chief Justice was invalid. The de facto judge doctrine exists but did not apply on these facts because the challenge was a direct attack not a mere collateral one and the applicants we…