or decision
14 August 1987
CONFIDENTIAL
XCC (87) 116 32
Copy No..
•
MEMORANDUM FOR EXECUTIVE COUNCIL
DISCUSSION PAPER ON
AGAINST
INTERIM DECLARATIONS
THE CROWN
The Problem
On 12 June 1987, after considering XCR (87) 86 Council advised and the Governor ordered that
<<
(a)
the Supreme Court (Amendment) Bill 1987, as amended in accordance with the should be
(b)
(c)
Council's instructions, introduced into the Legislative Council;
that a paper should be prepared setting out the case for and against the proposal of the Kempster Sub-committee that the Court should be
be empowered to make interim declarations against the Crown as a basis for discussion with the legal professions, the Judiciary, other persons with an interest; and
that the decision at (b) should included in a press release publication of the Bill.
and
be
on
Ω Ο
ល
2
The Supreme Court (Amendment) Bill 1987 was introduced into the Legislative Council on 24 June 1987. In moving the second reading of the Bill the Attorney General told the Legislative Council of the Government's decision Tstated in paragraph 1(b)) and said that a discussion paper "would soon be made available". A press release in similar
terms was also released.
(Annex A).
4
CH
A draft discussion
paper has now been prepared
The draft discussion paper was considered and cleared by the Legal Affairs Policy Group of the Chief Secretary's 'Committee (the LAPG) on 27 July 1987. The LAPG nevertheless considered that the draft discussion paper should be submitted to the Council to enable the Council to consider its content, the proposed consultation programme and concerns expressed by the meeting.
Political Adviser at the LAPG
3
A
U
CONFIDENTIAL