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SUNDAY, JANUARY 12, 1986

A FURTHER TOPIC IMPLICIT IN THE JOINT DECLARATION WAS THE STRUCTURE OF HONG KONG COURTS, HE SAID.

REFERRING TO THE PROVISION IN THE JOINT DECLARATION THAT THE POWER OF FINAL JUDGEMENT WOULD BE VESTED IN THE COURT OF FINAL APPEAL IN THE HONG KONG SAR, HE SAID IT IMPLIED AN END TO THE RIGHT OF APPEAL TO THE PRIVY COUNCIL IN LONDON.

+THE POWERS OF THE HONG KONG COURTS WILL NO DOUBT BE DEALT WITH IN THE BASIC LAW. IT FOLLOWS THEREFORE THAT CHANGES MUST BE MADE TO THE LAWS OF HONG KONG IN ORDER TO CONSTITUTE A FINAL COURT OF APPEAL IN A MANNER THAT IS CONSISTENT BOTH WITH THE JOINT DECLARATION AND THE BASIC LAW,+ MR THOMAS SAID.

HE AGREED WITH THE CHIEF JUSTICE AND OTHERS THAT IT WOULD BE DESIRABLE TO ESTABLISH THIS COURT OF APPEAL WELL BEFORE 1997 IN ORDER TO ENSURE A SMOOTH TRANSITION.

+ IT WOULD BE MUCH TO THE ADVANTAGE OF HONG KONG IF ITS JURISPRUDENCE COULD BE ESTABLISHED WELL BEFORE 1997 SO THAT THE AUTHORITY OF ITS JUDGEMENTS CAN BE APPRECIATED, ESPECIALLY BY IMPORTANT FINANCIAL AND BUSINESS INTERESTS BOTH HERE AND ABROAD, + MR THOMAS SAID.

ANOTHER TASK WAS THE DESIRABILITY THAT LEGISLATION IN HONG KONG BE PRODUCED NOT ONLY IN ENGLISH BUT ALSO IN CHINESE.

HE WAS CONVINCED THAT IN THE NEW POLITICAL SITUATION WHERE HONG KONG WOULD BECOME A PART OF CHINA, IT WOULD BECOME A POLITICAL NECESSITY FOR HONG KONG'S LAWS TO BE INTELLIGIBLE TO THOSE UNABLE TO READ ENGLISH AND THAT IT WAS IMPERATIVE TO PROMOTE THE USE OF CHINESE IN HONG KONG LEGISLATION.

THE GOVERNMENT HAD, THEREFORE, DECIDED THAT ALL EXISTING ORDINANCES SHOULD BE TRANSLATED INTO CHINESE WITHIN THE NEXT SEVEN TO TEN YEARS A DIFFICULT AND LENGTHY TASK.

IN ADDITION, MR THOMAS SAID, ALL NEW ORDINANCES WOULD FROM NOW ON BE DRAFTED IN BOTH ENGLISH AND CHINESE,

+ IT IS INTENDED THAT BOTH VERSIONS BE EQUALLY AUTHENTIC. A VERY HIGH STANDARD OF LEGAL DRAFTSMANSHIP WILL BE REQUIRED IF THE TWO LANGUAGES ARE TO CONVEY IDENTICAL OR NEAR IDENTICAL MEANING, HE SAID.

SPEAKING OF THE WORK CONNECTED WITH THE JOINT LIAISON GROUP, MR THOMAS SAID ONE OF ITS EARLY TASKS WAS TO IDENTIFY WHAT ACTION NEEDED TO BE TAKEN BY THE TWO GOVERNMENTS TO ENABLE HONG KONG TO MAINTAIN ITS ECONOMIC RELATIONS AS A SEPARATE CUSTOMS TERRITORY AFTER 1997.

IN PARTICULAR WAS THE NEED TO ENSURE THE MAINTENANCE OF ITS PARTICIPATION IN THE GENERAL AGREEMENT ON TARIFFS AND TRADE, THE MULTIF IBRE ARRANGEMENT AND OTHER INTERNATIONAL ARRANGEMENTS.

/IT ALSO

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