6
WEDNESDAY, DECEMBER 4, 1991
T
I BELIEVE
IT IS NO SECRET THAT OUR STARTING
FROM DIFFERENT
POINT IN THESE THE EVENTUALLY AGREED FORMULA., SO WHY DID WE THINK IT RIGHT TO SETTLE FOR THE TERMS WE DID?
NEGOTIATIONS WAS SOMEWHAT
OF A JOINT
INTEREST OF IT IS BECAUSE WE FIRMLY BELIEVE THAT THE OVERALL HONG KONG IS BEST SERVED BY ESTABLISHING, WELL BEFORE 1997, A COURT OF 1997. THE BEYOND UNALTERED CONTINUING OF FINAL APPEAL CAPABLE
KEY OBJECTIVE OF AGREEMENT REACHED IN THE JLG SECURED FOR US THE
WE MUST REMEMBER PRESERVING THE CONTINUITY OF OUR JUDICIAL SYSTEM. THAT THE VESTING OF THE POWER OF FINAL JUDGMENT IN THE COURTS
UNTRIED. LEAST
THE IS TO SAY THE NON-SOVEREIGN TERRITORY DECLARATION AND THE BASIC LAW PROMISE THE VESTING OF THAT POWER IN THE BUT HONG KONG SPECIAL ADMINISTRATIVE REGION AFTER 1997, NOT BEFORE. WE BELIEVE THAT IT WILL DO AN IMMENSE AMOUNT OF GOOD TO THE CONFIDENCE BUSINESS OF THE COMMUNITY, AND IN PARTICULAR TO THE CONFIDENCE OF THE COMMUNITY, FOR SUCH A POWER TO BE EXERCISED SUCCESSFULLY, AND SEEN BE SO, BY A COURT IN HONG KONG BEFORE THE CHANGE OF SOVEREIGNTY
1997 PLACE. ESTABLISHING A COURT OF FINAL APPEAL IN GOOD TIME BEFORE
BUILD UP ITS WOULD ENABLE THAT COURT TO GAIN THE EXPERIENCE, AND
ABOVE ALL BE IT WILL
HIGHLY A REPUTATION OVER
NUMBER OF YEARS. IMPORTANT THAT THERE SHOULD NOT BE A BREAK IN THE JUDICIAL SYSTEM 1997, EITHER BECAUSE THE POWER OF FINAL JUDGMENT IS THEN AND ONLY THEN EXERCISED BY A COURT IN HONG KONG, OR BECAUSE SUCH A COURT ESTABLISHED DATE. IN HONG KONG BEFORE 1 JULY 1997 HAS TO BE RECONSTITUTED ON THAT
STRUCTURE, IN EITHER CASE, THERE WOULD BE NO CERTAINTY AS REGARDS ITS ITS PERSONNEL,
MEANS OF SATISFYING ITS MODE OF OPERATION, AND NO
SUCCESSFULLY AND ANYONE BEFOREHAND THAT SUCH A COURT WOULD OPERATE INDEPENDENTLY. THIS CANNOT BE IN THE INTEREST OF A SMOOTH TRANSITION.
TAKES
IN
SOME
CHINESE COURT OF
1 JULY 1997. OF
THUS, IT IS FOR THE SAKE OF CERTAINTY AND CONTINUITY THAT MODERATION OF OUR ASPIRATIONS FOR QUOTE GREATER FLEXIBILITY UNQUOTE BECOMES NECESSARY. TO THOSE WHO ACCUSE US OF KNUCKLING UNDER PRESSURE, LET THEM REFLECT CAREFULLY ON THE PROSPECT OF A FINAL APPEAL OF UNKNOWN QUALITY, ESTABLISHED ONLY ON
IT
THE IS IN WILL THAT BE
FOR HONG KONG? BETTER NEGOTIATIONS, AND I HAVE BEEN A NEGOTIATOR FOR SOME YEARS, OFTEN THAN NOT YOU WILL NOT ACHIEVE EVERYTHING THAT YOU DESIRE. MUST BE CLEAR IN OUR OWN MINDS WHAT IS OUR OVER-RIDING OBJECTIVE,
I BELIEVE THE ON WHAT ISSUE IT MAKES SENSE TO COMPROMISE. ON THE COURT OF FINAL APPEAL STRUCK THE RIGHT BALANCE.
NATURE THAT MORE
WE
AND
AGREEMENT
/THE SO