CONFIDENTIAL
XCX(91)61
Consultation with the Legal Profession and Legislative Council
23
As soon as all the necessary groundwork has been done (including the drafting of the legislation establishing the CFA and the formulation of the practical and administrative arrangements), the Administration intends to discuss the key provisions with representatives of the legal profession and the Legislative Council. This will probably take place early next year, before consultation with the Chinese on the draft legislation. This will place the Administration in a better position to work out detailed arrangements that will take account of the sensitivity of the legal profession and the Legislative Council. It will also give the Administration an opportunity to explain to the legal profession and LegCo the comprehensive arrangements for establishing a prestigious and independent CFA which can continue beyond 1997, and the options available.
24
Efforts will also be made to explain the package of arrangements and the options available to representatives of the business community, with a view to securing their support for the early establishment and the CFA as agreed at the JLG.
25
The Administration will also need the public support of the Executive Council of the way forward recommended in paragraph 16 above, to demonstrate the HKG's commitment to the early establishment of the CFA as agreed with the Chinese at the highest level. Such public support is necessary to dispel Chinese suspicion that the British and Hong Kong Governments are behind the criticisms of the CFA, and to underline the importance of adhering to the JLG agreement.
26 The Administration will also be explaining the package of measures, and the options available, to influential opinion formers (eg. academics, leading members of the press) behind the scenes.
Consultation with Chinese
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The Administration will adhere to the procedural agreement with the Chinese to consult them on the legislation establishing the CFA after drafting has been completed. The Chinese attach considerable importance to the detailed arrangements for establishing the CFA and has from the outset asked to be kept informed of all stages of preparations, including the provisions of the implementing legislation. We should not underestimate the difficulty which the Chinese could still cause to the drafting of the legislation, eg. in determining the wording of the provision excluding from the CFA jurisdiction over acts of state.