Page:Interpretation and General Clauses Ordinance 1966 (Cap. 1).pdf/30

A204

(2) Without prejudice to the provisions of any Letters Patent or Royal Instructions relating to the appointment of a deputy to the Governor, nothing in subsection (1) shall authorize the Governor to delegate any person to make subsidiary legislation, issue proclamations or to determine any appeal.

(3) Where any Ordinance confers powers or imposes duties upon the Governor and such power is exercised or such duty is performed by any public officer, the Governor shall, unless the contrary is proved, be deemed to have delegated such public officer under subsection (1) to exercise the power or perform the duty.

64. (1) Where any Ordinance confers upon any person a right of appeal, other than by way of petition, to the Governor in Council against any decision of any person, public officer or public body, such appeal shall be governed by rules made in accordance with subsection (2).

(2) The Governor in Council may make rules governing the procedure to be followed in appeals, other than by way of petition, to the Governor in Council.

(3) The conferring by any Ordinance of a right of appeal to the Governor in Council shall not prevent any person from applying to the Supreme Court for an order of mandamus, certiorari, prohibition, injunction or any other order, instead of appealing to the Governor in Council, where an application for such an order would lie, but no proceedings by way of mandamus, certiorari, prohibition, injunction or other order shall be taken against the Governor in Council in respect of any such appeal to the Governor in Council or any proceedings connected therewith.

(4) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise, and whether such appeal is made by virtue of any Ordinance or otherwise) shall act in an administrative or executive capacity and not in a judicial or quasi-judicial capacity and shall be entitled to consider and take into account any evidence, material, information or advice in his absolute discretion.

(5) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise and whether such appeal is made by virtue of any Ordinance or otherwise) against any decision of any person, public officer or public body, may confirm, vary or reverse such decision or substitute therefor such other decision or make such other order as the Governor in Council may think fit.

65. Any reference to the Sovereign or to the Crown shall be construed as a reference to the Sovereign for the time being.