14-JUL-1993 14:42
TRANSCRIPT
Gallagher
MR ALASTAIR GOODLAD
0491 579838
P.29
SELECT COMMITTEE
H
14 JULY 93
29
MR JOPLING:
You may recall in our previous report that we were concerned about
what would replace the judicial committee of the privy council
after 1997. Could you tell us what is now the state of play in
the negotiations with China on the setting up of a Court of Final
Appeal in Hong Kong? I understand that the Legislative Council
are unhappy, especially about the number of judges from, and I
quote the words from your memorandum, the number of judges from
other common law jurisdictions who could be invited to sit on the
court at any one time. Can you tell us whether you are confident
that the Court of Final Appeal will always make judgments
according to the common law which Hong Kong enjoys now and which
will be the basis under the Joint Declaration, as I understand it,
after 1997, there has always been this anxiety that would the
Court of Final Appeal be using a totally different set of ground
rules to the ones which the normal law is administered in Hong
Kong?
MR GOODLAD:
Perhaps I could start by saying that in our view the agreement
reached with the Chinese at the JLG in November 1991 on the
establishment of the Court of Final Appeal is not inconsistent
with the Joint Declaration, there is advantage in the court being
set up before 1997 so that its procedures and reputation can be
established by the time of the transition. The Hong Kong
government is currently preparing the legislation on the
establishment of the Court of Final Appeal which it will put to