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Judgment

In the Matter of an Appeal of a Decision of the Adoption Board and in the Matter of the Adoption of Children Law (1996 Revision) - Supplementary Reasons

G A1/2001 · 2002-07-08

Jurisdiction of Adoption Board; Absence of inherent powers; Board’s authority limited to statute and subordinate legislation; Governor’s regulation-making power not exercised

Full metadata
Cause Number G A1/2001
Court CIGC (Civ)
Judge Kellock J
Parties In the Matter of an Appeal of a Decision of the Adoption Board and in the Matter of the Adoption of Children Law (1996 Revision) - Supplementary Reasons
Judgment Date 2002-07-08
Subject Jurisdiction of Adoption Board; Absence of inherent powers; Board’s authority limited to statute and subordinate legislation; Governor’s regulation-making power not exercised
Filename (current) 02-07-08-Appeal-of-Decision-of-Adoption-Board-Supp-Reasons.pdf
Legislation cited
Statute Sections cited Mentions
Adoption of Children Act — 1
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G A1/2001
In the Matter of an Appeal of a Decision of the Adoption Board and in the Matter of the Adoption of Children Law (1996 Revision) - Supplementary Reasons
Before
Kellock J
Judgment delivered 2002-07-08

IN THE GRAND COURT OF THE CAYMAN ISLANDS
CAUSE NO. A1 of 2001

IN THE MATTER OF AN APPEAL OF A DECISION OF THE ADOPTION BOARD AND

IN THE MATTER OF THE ADOPTION OF CHILDREN LAW (1996) REVISED

THE HONOURABLE MR. JUSTICE KELLOCK

SUPPLEMENTARY REASONS

In my reasons of June 24th 2002 I made reference to the fact that I had not been provided with Ms. Look Loy's written submissions. I am now advised that Ms. Look Loy filed written submissions on June 24th 2002.

Unfortunately she did not provide them to me directly or deliver them to my Chambers.

In any event, I have now considered her submissions but they do not require any revision of my reasons of June 24th 2002.

Ms. Look Loy makes reference to the Governor's power to make regulations, but as I have pointed out, none have been made. She also makes
reference to the Board's "inherent power", but the Board has no inherent power. Its power comes from statute and the subordinate legislation enacted under the statute and that is its only source of power.

In particular, the Board has no jurisdiction whatsoever to clothe itself with power it does not have by making rules, issuing directions, or adopting practices.

Dated this 8th day of July 2002

The Honourable Mr. Justice Kellock

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