CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO DESKBY 24120OZ FCO
TELNO 262
OF 24110OZ JANUARY 91
HKC370/8
152477
MDHIAN 0428
TOP CUPY
Q DIST?
29 JAN 1991
Ra
RM 24/1
PERSONAL FOR PAUL HKD FROM GOVERNOR
ނ
YOUR TELNO 163: UK LEGISLATIVE PROGRAMME 1991/1992 : COURT OF FINAL APPEAL
1. I AM ANXIOUS, IF POSSIBLE, TO SEE THE COURT OF FINAL APPEAL ESTABLISHED IN 1992. THIS TARGET IS STILL ACHIEVABLE. THE ONLY OUTSTANDING ISSUE IS THE NUMBER OF OVERSEAS JUDGES WHO MAY SIT IN THE COURT. WITH SOME HARD EFFORT WE SHOULD BE ABLE TO RESOLVE THIS OVER THE NEXT FEW MONTHS.
2. THE VIEW WE HAVE TAKEN SO FAR IS THAT THE COURT SHOULD BE
ESTABLISHED AT LEAST FOUR YEARS BEFORE THE TRANSFER OF SOVEREIGNTY, I.E. BY MID 1993, TO ALLOW A SUFFICIENT RUNNING IN PERIOD. WE COULD JUST MEET THIS DEADLINE IF UK LEGISLATION WAS ENACTED VERY EARLY IN THE 1992/93 SESSION. BUT IT WOULD NOT MAKE SENSE TO CUT THINGS SO FINE.
2. I AGREE WITH THE ARGUMENTS IN PARA 4 OF TUR. IT WOULD BE DAMAGING IF FAILURE TO PASS LEGISLATION IN THE UK WAS THE CAUSE
OF HOLDING UP IMPLEMENTATION OF AN IMPORTANT ELEMENT IN THE
ARRANGEMENTS THAT NEED TO BE PUT IN PLACE BEFORE 1997. UP TO NOW, VIRTUALLY ALL DELAYS ON IMPORTANT ISSUES HAVE BEEN THE FAULT OF THE CHINESE. IT WOULD BE HIGHLY EMBARRASSING IF, ON THIS ISSUE, DELAY WAS DUE TO A DELIBERATE DECISION BY HMG. SEEN FROM HERE, IT IS DIFFICULT TO SEE HOW THE LEGISLATION IS LIKELY TO BE CONTROVERSIAL. I AGREE THAT WE SHOULD DO EVERYTHING POSSIBLE TO ENSURE THAT THE LEGISLATION IS INCLUDED IN THE 1991/92 PROGRAMME.
WILSON
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