GRS 450
SECRET
FUTURE EGRET
SECRET
(66)
TOP COPY
HILK CREO SO
RECEIVED IN RSOLATR ?
¡7 SEP 1984
TRY
FM HONG KONG 141214Z SEP 84
TO IMMEDIATE F C O
TELEGRAM NUMBER 2836 OF 14 SEPTEMBER
INFO IMMEDIATE PEKING
فارما
MY TEL 2833 AND YOUR TELNO 1818
DESK OFFN
INDEX
100
nio imiala
FUTURE EGRET : PART 3 OF WHITE PAPER : JUDICIAL SYSTEM,
THE FOLLOWING IS THE PORPOSED TEXT.
BEGINS
JUDICIAL SYSTEM (SECTION 111 OF ANNEX 1)
1. THE COURTS OF HONG KONG CONSIST OF THE SUPREME COURT, THE DISTRICT COURT, THE MAGISTRATES' COURTS, AND VAROUS STATUTORY TRIBUNALS. BECAUSE OF THE ROLE OF THE LEGAL SYSTEM AND THE COURT IN
MAINTAINING THE STABILITY AND PROSPERITY OF HONG KONG IT WAS
CONSIDERED VERY IMPORTANT TO MAKE PROVISION IN THE AGREEMENT FOR THE
CONTINUITY OF THE JUDICIAL SYSTEM. THIS HAS BEEN ACHIEVED.
2. THE ONLY CHANGE IN THE STRUCTURE OF THE COURTS WHICH WILL TAKE
PLACE IS THE ABOLITION OF THE PRIVY COUNCIL AND THE FINAL ADJUDICA-
TION OF DISPUTES IN THE COURTS OF THE SAR.
3. THE INDEPENDENT EXERCISE OF JUDICIAL POWER AND THE OBLIGATION OF
THE COURTS TO DECIDE CASES IN ACCORDANCE WITH THE LAW, ARE BOTH
SECURED. THE AGREEMENT PROVIDES THAT THE APPOINTMENT OF JUDGES IN
THE SAR WILL ALSO BE SUBJECT TO THE RECOMMENDATION OF AN INDEP-
ENDENT COMMISSION SIMILAR TO THE EXISTING JUDICIAL SERVICE COMMIS-
SION. THE INDEPENDENCE OF THE JUDICIARY IS PROTECTED BY THE PROVIS-
IONS THAT JUDGES OF THE SAR MAY ONLY BE REMOVED FROM OFFICE ON THE
GROUNDS OF DISABILITY OR MISBEHAVIOUR, AND THEN ONLY ON THE RECOMM- ENDATION OF A TRIBUNAL OF JUDGES OF THE SAR.
4. WHILE THE SYSTEM OF APPOINTMENT AND REMOVAL OF JUDGES WILL REMAIN BASICALLY UNCHANGED, THE APPOINTMENT AND REMOVAL OF JUDGES OF THE
HIGHEST RANK'' WILL REQUIRE THE ENDORSEMENT OF THE LEGISLATURE AND
HAVE TO BE REPORTED FOR THE RECORD TO THE STANDING COMMITTEE OF THE
NPC.
SECRET
15.