CONFIDENTIAL
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20 JAN 1991
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PERSONAL FOR GOVERNOR FROM PAUL, HKD
UK LEGISLATIVE PROGRAMME 1991/1992: COURT OF FINAL APPEAL
1 THE LORD PRESIDENT, WHO IS RESPONSIBLE FOR CONSIDERING DEPARTMENTAL BIDS FOR LEGISLATION IN THE FORTHCOMING SESSION OF PARLIAMENT, HAS WRITTEN TO THE SECRETARY OF STATE ON THE ADVICE OF THE FUTURE LEGISLATION COMMITTEE PROPOSING THAT THE HONG KONG (APPEALS) BILL BE DELETED FROM THE 1991/92 PROGRAMME. IT IS PROPOSED THAT THIS SHOULD HAPPEN IRRESPECTIVE OF WHETHER THE SESSION TURNS OUT TO BE A SHORT SESSION PRECEDING A GENERAL ELECTION OR THE FIRST FULL SESSION OF A NEW PARLIAMENT.
2.
IT SEEMS THAT THE LORD PRESIDENT HAS NOT ONLY BEEN INFLUENCED BY THE POSSIBILITY THAT THE NEXT SESSION COULD BE A SHORT ONE. WE ALSO UNDERSTAND THAT THE FUTURE LEGISLATION COMMITTEE MAY HAVE SHIED AWAY FROM THE HONG KONG CAPPEALS) BILL BECAUSE THEY SUSPECTED THAT IT MIGHT PROVE TO BE CONTROVERSIAL.
3. WE HAVE THE OPPORTUNITY TO CHALLENGE THIS PROVISIONAL DECISION AND CERTAINLY INTEND TO DO SO. BUT WE WILL NEED TO ACT URGENTLY, AND GET A LETTER TO THE LORD PRESIDENT BY 25 JANUARY.
4. IN OUR REPLY, WE PROPOSE TO EXPLAIN THAT THE BILL IS NOT CONTROVERSIAL, BUT IS NONETHELESS URGENT AND IMPORTANT. IF THE BILL IS NOT INCLUDED IN THE 1991/92 PROGRAMME, THE RESULT COULD WELL BE THAT THE HONG KONG COURT OF FINAL APPEAL WILL BE UNABLE TO START ITS OPERATIONS UNTIL WELL INTO 1993. THE RESULTING DELAY, WHICH WOULD BE ENTIRELY THE UK'S RESPONSIBILITY, WOULD BE VERY BAD, BOTH IN THE EYES OF HONG KONG PUBLIC OPINION AND ALSO TO THE CHINESE, FOR WHOSE AGREEMENT WE HAVE BEEN PRESSING. WE WOULD STRESS THE IMPORTANCE OF GETTING THE CFA UP AND RUNNING AS
SOON AS POSSIBLE.
5. GRATEFUL FOR YOUR COMMENTS AND FOR ANY FURTHER ARGUMENTS TO
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MR BERMAN, LEGAL ADVISERS MR FIFOOT, LEGAL ADVISERS
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