WEDNESDAY, DECEMBER 4, 1991
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LET ME FINALLY TRY AND SUM-UP THE POSITION OF THE GOVERNMENT VERY BRIEFLY. I BELIEVE THAT MEMBERS MUST ASK THEMSELVES WHETHER THEY WISH TO HAVE A COURT OF FINAL APPEAL, ALBEIT NOT THE MOST IDEAL IN THEIR MINDS, WELL BEFORE 1997, WHICH IS GUARANTEED ΤΟ CARRY ON
UNALTERED ACROSS 1997? OR ARE THEY PREPARED TO FACE THE PROSPECT OF UNCERTAINTY, OF DRIFTING TOWARDS 1997 WITH NO CLEAR IDEA OF WHAT WOULD BE PUT IN PLACE EVENTUALLY? ON AN ISSUE AS IMPORTANT AS THIS, SURELY WE SHOULD NOT LET THE BEST BECOME THE ENEMY OF THE GOOD. IN MAKING UP OUR MINDS WE SHOULD NOT LOSE SITE OF OUR PRIMARY OBJECTIVE IN THIS ESTABLISHING A COURT OF FINAL APPEAL IN HONG KONG AHEAD OF 1997.
AND TO INSTIL CERTAINTY, TO ALLOW TIME TO BUILD UP THE MEMBERSHIP THE REPUTATION OF THE COURT, AND TO REINFORCE THE MESSAGE TO THE KONG COMMUNITY AND INVESTORS THAT HONG KONG'S LEGAL SYSTEM CONTINUE UNCHANGED AFTER 1997.
IS
HONG WILL
I HOPE MEMBERS WILL CONSIDER VERY CAREFULLY THE REAL ISSUES INVOLVED AND THE REAL OPTIONS WHEN THEY COME TO CAST THEIR VOTE. TO STRIKE A BALANCE BETWEEN WHAT IS DESIRABLE AND WHAT IS ACHIEVABLE IS NOT ΤΟ TAKE A SOFT OPTION; IT IS TO TAKE A HARD-HEADED AND MATURE JUDGMENT AS TO WHAT IS IN THE BEST INTERESTS OF HONG KONG.
MR DEPUTY PRESIDENT, I OPPOSE THE MOTION.
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AG ON COURT OF FINAL APPEAL
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FOLLOWING IS A SPEECH BY THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, ON THE MOTION DEBATE ON COURT OF FINAL APPEAL, IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY):
MR DEPUTY PRESIDENT,
THE MANY SPEECHES TODAY AND THIS EVENING ON THIS MOTION HAVE UNDERSCORED THE IMPORTANCE WHICH ALL OF US ATTACH TO THE ESTABLISHMENT OF THE COURT OF FINAL APPEAL. MY COLLEAGUE, THE SECRETARY FOR CONSTITUTIONAL AFFAIRS, HAS EXPLAINED IN CLEAR AND UNAMBIGUOUS TERMS THE CHOICES THAT LIE BEFORE US, AND I WOULD URGE MEMBERS MOST SERIOUSLY TO REFLECT CAREFULLY ON HIS WORDS BEFORE THEY CAST THEIR VOTES LATER THIS EVENING.
I WOULD LIKE TO RESPOND, MR DEPUTY PRESIDENT, TO A NUMBER OF THE LEGAL ISSUES THAT HAVE BEEN RAISED IN THIS DEBATE.
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FIRSTLY, LET ME EXPLAIN WHY I BELIEVE IT IS SO IMPORTANT ΤΟ HAVE THE COURT OF FINAL APPEAL SET UP NOW IN A DURABLE WAY TO ENSURE CONTINUITY PAST 1997. A COURT OF FINAL APPEAL, AS HAS BEEN SAID REPEATEDLY THIS EVENING, DEALS WITH CASES OF THE GREATEST IMPORTANCE. THE COURT'S JUDGMENTS, BINDING ON ALL LOWER COURTS, ARE NOT SIMPLY LEGAL OPINIONS ON LEGAL ISSUES THEY ARE THE LAW ITSELF. THOSE JUDGMENTS REPRESENT A BODY OF LAW A JURISPRUDENCE TO WHICH WE CAN TURN WITH CONFIDENCE AND CERTAINTY. IT IS, I BELIEVE, OF FUNDAMENTAL IMPORTANCE THAT THE COURT OF FINAL APPEAL BE ESTABLISHED AS EARLY AS POSSIBLE TO BEGIN THE PROCESS OF BUILDING UP A HONG KONG JURISPRUDENCE WITHIN THE COMMON LAW TRADITION. WERE THE COURT NOT TO BE SET UP UNTIL AFTER 1997, THEN WE WOULD HAVE LOST A GOLDEN OPPORTUNITY FOR THE COURT TO ESTABLISH ITSELF, AND TO HAVE BEGUN ITS VITAL WORK.
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