Court of Final Appeal
In 1984 when the Joint Declaration was signed great emphasis was placed on the
continuation of Hong Kong's legal system and in particular the independence of the Judiciary (see relevant passages of Joint Declaration attached), the Joint Declaration provided for the setting up of a Court of Final Appeal which would replace the Privy Council. Part of the proposals were that the Court of Final Appeal should be able to invite judges from overseas jurisdictions as required. The importance of this lay in, first of all, being able to establish a Court which was of sufficient stature to be able to replace the Privy Council whilst allowing the natural development of judicial expertise and in the second place to demonstrate the independence of the local legal and judicial system. This was necessary not only for maintaining confidence in Hong Kong as to the continuation of the system but maintaining that confidence amongst overseas investors who are vital to Hong Kong's continued prosperity. The Basic Law repeated the provisions of the Joint Declaration in particular note Article 82 (see copies attached).
On September the 27th for the Joint Liaison Group announced that there bad been agreement as to the establishment of the Court of Final Appeal and as to the composition. The communique did not give any details as to what had been agreed (see
copy of communique attached).
Subsequent press conferences given by the senior British member of the Joint Liaison Group and the Chief Justice have revealed partial details of the agreement (see copies of press cuttings attached). These include the fact that the Court will be limited to the Chief Justice, three "Hong Kong judges and that only one judge may be invited who will be selected from one of two panels composed of "local" judges and former
Annex C