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…