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Conclusion
Mr President, several members have referred to certain newspaper articles which appeared today. Members will not be surprised if I say that I do not intend to comment on newspaper articles. The particular article to which Members refer purport to give an account of proceedings in an expert group of the JLG which gives me the additional opportunity to remind members of the proceedings of the JLG are confidential. But I can understand the concern that Members have expressed, their deep concern. In response I would like to remind them that both the Joint Declaration and the Basic Law clearly state that the Hong Kong SAR would be vested with independent judicial power including that of final adjudication and the common law system will be maintained. Clearly Mr President any proposal that breach the provisions of the Joint Declaration and the Basic Law would be unacceptable to the Government, the British Government, and I am sure the Chinese Government.
Mr President, I have dealt with the legal issues at some length in order to assure members that the arguments for opposing the 1991 JLG Agreement have no force. The real issue for this Council is that described by the Chief Secretary. There can be no question at all that it is overwhelmingly in the public interest for the Court of Final Appeal to be set up before 1997, and on the basis of the 1991 JLG Agreement which provides the only assurance for avoiding a judicial vacuum and uncertainty.
Support for Mr McGregor's motion will be a powerful re-affirmation by this Council of its commitment to the rule of law of which the Court of Final Appeal is the most potent symbol. I support Mr McGregor's motion and strongly urge members to do the same.
End/Wednesday, May 3, 1995