20
Clause 50 provides for consequential amendments to other legislation as set out in the Schedule. These are mainly related to the statutory powers of the Chief Justice. They transfer most of the current Chief Justice's statutory powers to the Chief Justice of the Court of Final Appeal, to reflect the fact that the latter will be the head of the Judiciary. However, the current Chief Justice's powers in relation to the operation and jurisdiction of the High Court and Court of Appeal are preserved for the Chief Justice of the Supreme Court. We have also included in the Schedule an amendment to section 83P of the Criminal Procedure Ordinance. The amendment makes it clear that the Governor's power to refer certain cases to the Court of Appeal under that section will apply to appeals heard and determined by the Court of Final Appeal.
Conclusion
Mr President, Members of this Council now have a clear choice. Passage of the Hong Kong Court of Final Appeal Bill will guarantee the establishment of a proper Court of Final Appeal on 1 July 1997 with Sino-British co-operation and in accordance with this Bill, which is based on the established practices and procedures of the Judicial Committee of the Privy Council; the alternative of rejecting this Bill will leave the establishment of the Court of Final Appeal to the Hong Kong Special Administrative Region after 1 July 1997, creating damaging and unnecessary uncertainty about the eventual form of the Court. I very much hope that Members will agree with the Administration that the interests of the people of Hong Kong are clearly best served by passing this Bill.
The agreement that we have reached with the Chinese side has received a warm welcome from the business community, both in Hong Kong and overseas. Hong Kong's major partners have firmly endorsed it. An independent survey commissioned by Ming Pao has shown that it also has the wide support of the Hong Kong public. It is clear that both the local and international communities wish to see the early enactment of the Court of Final Appeal Bill to provide certainty about the form of the Court of Final Appeal to be set up in Hong Kong on 1 July 1997. I hope that we can count on the support of all Members for the Court of Final Appeal Bill.
End/Wednesday, June 14, 1995