WEDNESDAY, DECEMBER 4, 1991
ESTABLISHED A FINE I BELIEVE THAT OUR COURT OF APPEAL HAS
OF REPUTATION FOR QUALITY. IF SOME OF ITS JUDGES SIT ON THE COURT
ITS AUTHORITY AND FINAL REPUTATION.
HAS
APPEAL,
THEY WILL
UNDOUBTEDLY
ENHANCE
AFFAIRS
MR DEPUTY PRESIDENT, THE SECRETARY FOR CONSTITUTIONAL
TO ESTABLISH SPOKEN OF A COMPREHENSIVE SET OF MEASURES INTENDED
MANY LEGAL THERE IS MUCH WORK TO DO AND THE COURT OF FINAL APPEAL.
SOME OF THOSE HAVE ALREADY BEEN MENTIONED BY ISSUES TO BE CONSIDERED. THE SECRETARY. I EARNESTLY HOPE THAT WE CAN HAVE THE CO-OPERATION OF ALL MEMBERS OF THIS COUNCIL AND OF THE LEGAL PROFESSION TOGETHER IN THIS HISTORIC TASK.
T
IN WORKING
THAT THE
THE WITH A JUSTICE,
IN CONCLUSION, MR DEPUTY PRESIDENT, LET ME RE-STATE AGREEMENT REACHED IN THE JOINT LIAISON GROUP IS NOT IN BREACH OF
I BELIEVE THAT THE AGREEMENT PROVIDES US JOINT DECLARATION.
A VIEW SHARED BY THE CHIEF WORKABLE AND DURABLE FRAMEWORK
AND THAT IT GIVES US A GREAT THE HEAD OF THE JUDICIARY - ΤΟ ESTABLISH A COURT OF FINAL APPEAL WELL BEFORE 1997, WITH
THE PARTICULAR BENEFITS I HAVE DESCRIBED, CONTINUITY IN OUR JUDICIAL SYSTEM.
WITH IN
MR DEPUTY PRESIDENT, I OPPOSE THE MOTION.
OPPORTUNITY ALL THE
GUARANTEE OF
SCA ON COURT OF FINAL APPEAL
* * *
FOLLOWING IS A SPEECH BY SECRETARY FOR CONSTITUTIONAL MICHAEL SZE ON THE MOTION DEBATE ON THE COURT OF FINAL THE LEGISLATIVE COUNCIL ON WEDNESDAY, 4 DECEMBER 1991:
MR
MR DEPUTY PRESIDENT,
AGREEMENT
AFFAIRS, APPEAL
IN
FOR THE
OF
SHOULD
THEN
Ι SHOULD FIRST LIKE TO SET OUT THE GOVERNMENT'S CASE
REACHED IN THE JOINT LIAISON GROUP ON THE ESTABLISHMENT OF FINAL A COURT
APPEAL IN HONG KONG BEFORE 1997. I EXPLAIN THE CONSIDERATIONS WHICH THE ADMINISTRATION TAKES INTO ACCOUNT IN OPPOSING THE MOTION MOVED BY MR SIMON IP.
THE THAT
KONG HONG LET ME BEGIN BY MAKING ONE THING CLEAR,
BETWEEN THE IT WAS FULLY CONSULTED ON THE AGREEMENT REACHED GOVERNMENT
HAS BRITISH AND CHINESE GOVERNMENTS ON THE COURT OF FINAL APPEAL.
HAVE THE BRITISH GOVERNMENT BEEN ALLEGED THAT SOMEHOW SOMETIMES
BACKS, REACHED THIS AGREEMENT WITH THE CHINESE GOVERNMENT BEHIND OUR
FURTHER FROM THAT WE HAVE BEEN SOLD DOWN THE RIVER. THIS CANNOT BE
EXECUTIVE THE TRUTH. SPECIFICALLY, THE HONG KONG GOVERNMENT, AND THE
ON THE SO-CALLED COUNCIL AND
A THE JUDICIARY, WERE FULLY CONSULTED
WE HAVE CONCLUDED THAT SUCH COMPOSITION OF THE COURT. "FOUR-ONE"
WITH THE COMPOSITION, THOUGH NOT IDEAL, WAS WORKABLE AND CONSISTENT
IT WAS CERTAINLY NOT SOMETHING JOINT DECLARATION AND THE BASIC LAW. IMPOSED ON US BY THE UK GOVERNMENT, LEAST OF ALL WITHOUT OUR CONSENT.
/I BELIEVE