ON
THURSDAY, NOVEMBER 3, 1994
WHEN WE CONSULT PARTICULAR INTERESTS OR PARTICULAR PROFESSIONS ABOUT A LEGISLATIVE PROPOSAL BEFORE FRAMING LEGISLATIVE PROVISIONS TO PUT FOR OPEN AND FULL DEBATE IN THIS COUNCIL. WHAT I DON'T WANT TO DO IS ΤΟ DELAY THE PROCESS BY HAVING ANOTHER LONG CONSULTATION WHICH MIGHT JEOPARDISE OUR ABILITY TO GET THE COURT OF FINAL APPEAL UP AND RUNNING BEFORE THE MIDDLE OF 1996 WHICH IS NECESSARY IF WE ARE NOT TO HAVE A GAP. AND I THINK IT WOULD BE A GAP IF WE DIDN'T HAVE THE HIGHEST COURT FOR APPEAL AND WHEN THE PRIVY COUNCIL, JUDICIAL COMMITTEE CEASES TO BE ABLE TO DISCHARGE THAT FUNCTION. THE MATTER HAS BEEN DEBATED EXTENSIVELY IN THIS COUNCIL. IT'S BEEN DEBATED EXTENSIVELY IN THE LEGAL PROFESSION. IT'S BEEN DEBATED EXTENSIVELY IN THE MEDIA AND IN THE COMMUNITY AT LARGE AND THE DECISION DOESN'T TURN OUT AT THIS STAGE TO BE ANY DIFFERENT TO THE DECISION WHICH PEOPLE CONSIDER TWO OR THREE YEARS BACK. WE HAVE TO DECIDE WHETHER WE WANT TO SET UP A COURT OF FINAL APPEAL BEFORE 1997 OR NOT. IF THIS COUNCIL CONCLUDES AT THE END OF THE DAY THAT IT DOESN'T WANT TO SET UP A COURT OF FINAL APPEAL BEFORE 1997 THEN I THINK IT WILL HAVE TO EXPLAIN THE REASONS WHY VERY CLEARLY TO BUSINESS AND TO THE REST OF THE COMMUNITY.
I DON'T DISPUTE AT ALL THAT THIS COURT OF FINAL APPEAL THAT WE ARE GOING TO PROPOSE IS NOT AS SUPERB AN INSTITUTION AS SOME MEMBERS WOULD LIKE. MUCH OF LIFE IS ABOUT CHOOSING WHETHER OR NOT TO SETTLE FOR THE GOOD AS OPPOSED TO THE BEST IN ORDER TO AVOID THE WORST. AND I THINK THIS IS ONE SUCH OCCASION. I KNOW HOW STRONGLY SOME MEMBERS, PARTICULARLY PERHAPS THOSE WITH A DISTINGUISH LEGAL BACKGROUND, I KNOW HOW STRONGLY SOME FEEL THAT THE COURT SHOULD BE EVEN MORE BROADLY BASED. BUT THE FACT OF THE MATTER IS THAT AN AGREEMENT WAS REACHED, AN
AGREEMENT BEFORE I BECAME GOVERNOR, BUT ONE WHICH I SUPPORT, AN AGREEMENT WAS REACHED IN 1991. I THINK IT IS A GOOD AGREEMENT EVEN THOUGH IT IS NOT THE BEST POSSIBLE AGREEMENT, AND I THINK WE SHOULD GET ON AND LEGISLATE FOR IT. SO I DON'T ACCEPT THAT THERE ARE ANY SECRETS. I DON'T ACCEPT THERE IS A HIDDEN AGENDA. I DO THINK THAT WE SHOULD GET ON AND SORT THIS OUT AS RAPIDLY AS POSSIBLE. I SAY SORT IT OUT ONE WAY OR THE OTHER. I HOPE IT'S SORTED OUT IN THE WAY THAT I'VE SUGGESTED.
CHEUNG MAN-KWONG: FOLLOW UP. MR GOVERNOR, AS YOU SAID EARLY NEXT YEAR, WHEN THE CFA BILL COMES TO LEGCO SOME MEMBERS WITH LEGAL BACKGROUND MAY COME UP WITH AMENDMENTS SO THAT THE PROPORTION OF OVERSEAS JUDGES CAN BE MORE FLEXIBLE. MR GOVERNOR, WHAT I WANT TO ASK IS THIS: IF THE AMENDMENTS ARE PASSED, WILL YOU ENDORSE THE BILL AS AMENDED BECAUSE THE AMENDMENTS WILL BE IN LINE WITH THE JOINT DECLARATION? SO CAN YOU TELL US IN TERMS OF THE BINDING FORCE OF THE LAW, IS THE JOINT DECLARATION SUPERIOR OR IS THE AGREEMENT SUPERIOR?
SINO-BRITISH
/GOVERNOR
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