OCMIAN 3102
CONFIDENTIAL
PP HOKON
FM FCOLN TO HOKON
281400Z APP
GFS 335
CONFIDENTIAL
33102
нии 37013
RECEIVED IN REGISTRY
30 APR 1986
CONFIDENTIAL
FM FCO
DESK OFFICER
REGISTRY
TO PRIORITY HONG KONG
INDEX
PA
Action Taken
TELNO 764
OF 28140OZ APRIL 86
INFO PRIORITY PEKING
-
1
YOUR TELNO 1236: COURT OF FINAL APPEAL
1.
WE AGREE THAT IN THE LIGHT OF PROGRESS IN PEKING OVER THE
DRAFTING OF THE BASIC LAW IT WOULD BE DESIRABLE FOR YOU TO WRITE
TO THE CHIEF JUSTICE AND INVITE HIM TO CONSIDER THE POSSIBLE FORM
OF THE HONG KONG COURT OF FINAL APPEAL. WE ALSO AGREE THAT
THERE WOULD BE STRONG ADVANTAGE IN BRINGING THE NEW APPANGEMENTS
INTO EFFECT SOME YEARS BEFORE 1997 SO LONG AS THIS CAN BE DONE IN
A CONSTITUTIONALLY ACCEPTABLE WAY.
2.
THE FOLLOWING FACTOPS STRIKE US AS THE MOST CRUCIAL ONES (ALTHOUGH YOU MAY NOT FEEL YOU NEED TO REFER TO ALL OF THEM IN
YOUR LETTER TO THE CHIEF JUSTICE):
(A)
(B)
(C)
THE TIMING OF THE ESTABLISHMENT OF A COURT OF FINAL
APPEAL, BEARING IN MIND THE POSSIBLE NEED FOR PRIMARY LEGISLATION TO AMEND THE 1833 JUDICIAL COMMITTEE ACT: THE PELATIVE ADVANTAGES OF ADAPTING YOUR PRESENT TWO-TIER
SYSTEM OF OF ADDING AN ADDITIONAL TIER:
THE POSSIBILITY THAT FOF CONSTITUTIONAL FEASONS IT MIGHT BE CONSIDERED MORE APPROPRIATE HERE FOR THE RIGHT OF
APPEAL FROM HONG KONG TO TNE PRIVY COUNCIL NOT TO BE TOTALLY ABOLISHED BEFORE 1997 (ALTHOUGH ITS SCOPE COULD BE
1
CONFIDENTIAL
г