OCMIAN 6097
CONFIDENTIAL
PP PEKIN
FM FCOLN TO HOKON
12090OZ MAY
GRS 279
CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 869
OF 12090OZ MAY 86
INFO ROUTINE PEKING
CONFIDENTIAL
36097
1
нии 37013
RECEIVED IN REGISTRY
16 MAY 1986
1
YOUR TELNO 1281: COURT OF FINAL APPEAL
1.
WE ARE CONSULTING WHITEHALL LEGAL DEPARTMENTS ABOUT THE
QUESTIONS REFERRED TO IN FCO TELNO 764.
2.
THE POINT RAISED IN PARA 2(C) OF THAT TELEGRAM RELATES TO
THE DOCTRINE THAT ANY OF HER MAJESTY'S SUBJECTS HAS THE RIGHT OF
APPEAL TO THE CROWN. THIS RIGHT WAS EXERCISED IN MEDIAEVAL TIMES
THROUGH THE KING'S COUNCIL, AND LATER, UNTIL 1642, THROUGH THE
COURT OF STAR CHAMBER. IT WAS LATER LIMITED BY STATUTE, FOR HM
SUBJECTS IN THE UK, TO AN APPEAL TO THE HOUSE OF LORDS, BUT HM
SUBJECTS IN THE (THEN) PLANTATIONS AND COLONIES RETAINED THE
RIGHT OF APPEAL TO THE PRIVY COUNCIL. NINETEENTH CENTURY
LEGISLATION REGULATED THE PROCEDURE FOR SUCH APPEALS, BUT
PROBABLY LEFT THE BASIC RIGHT INTACT.
3.
-
OUR CURRENT AND STILL PRELIMINARY VIEW WITHIN THE FCO
IS THAT THERE IS NO LEGAL BAR TO ABOLITION OF THE RIGHT. IT MAY
SIMPLY BE A QUESTION OF WHETHER UK LEGISLATION MAY BE NEEDED TO
REMOVE IT, AND IF SO WHAT LEGISLATION. BUT WE SHALL NEED TO
CONSIDER THIS FURTHER IN CONJUNCTION WITH THE LEGAL DEPARTMENTS.
WE ARE IN THE MEANTIME CONTENT THAT YOU SHOULD WRITE IN
CONFIDENCE TO THE CHIEF JUSTICE ALONG THE GENERAL LINES OF THE
4.
1
CONFIDENTIAL
/DRAFT
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