4. COURT OF FINAL APPEAL
BETTER NO CFA THAN ONE WHICH IS UNSATISFACTORY?
The establishment in Hong Kong of a Court of Final
Appeal, able to continue unchanged after 1997, would be a
real achievement. Its early establishment would enable it
to develop working practices and gain experience while Hong
Kong is still under British administration.
COURT OF FINAL APPEAL AGREEMENT IGNORES THE WISHES of
HONG KONG
-
The agreement was reached with the approval of the
Hong Kong Government, its Executive Council and the
Hong Kong Judiciary. During negotiations with the Chinese, the views of a wide range of people in Hong Kong, including the legal profession, were sought. The importance they attached to continuity was taken into account. We are
confident the agreement reached on the composition of the
CFA is consistent with both the Joint Declaration and the
Basic Law.
WILL HMG RENEGOTIATE THE AGREEMENT AS REQUESTED BY LEGCO?
- The Chinese have made clear they will not reopen
negotiations on the Court of Final Appeal. The choice is
therefore between having a Court of Final Appeal established soon; or not until after 1997, so causing unnecessary uncertainty for Hong Kong's judicial system.
Hope the
Legislative Council will take this into consideration when
the draft legislation is put before them.
KS1ADZ/9