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Commonwealth law links will continue: AG
Hong Kong will continue to share experience and co-operate with Commonwealth countries in the administration of justice and in the development of the common law, the Attorney General, Mr Jeremy Mathews, told participants of the 11th Commonwealth Law Conference today (August 29, Vancouver time).
In his address to the Closing Plenary Session of the Conference, Mr Mathews said while Hong Kong would cease to be part of the Commonwealth after June 30, 1997, it would continue to be a part of the common law world.
There were specific guarantees in the Joint Declaration and Basic Law relating to the legal system and these guarantees would not only ensure the continuation of the common law and statute law in Hong Kong but, importantly, would ensure that for the legal system and legal profession, the transfer of sovereignty would be a seamless transition, he said.
Mr Mathews noted that a major strength of the common law system is its ability to develop in order to meet the changing needs of the community it serves. That development is immeasurably aided by the cross-fertilisation that occurs within the common law world, and this applies not only to judge-made law but also to legislation.
"In order for Hong Kong's common law system to continue to develop, Hong Kong must retain strong links with the rest of the common law world. And as the common law world is largely coterminous with the Commonwealth, Hong Kong must maintain strong links with the Commonwealth," said Mr Mathews.
He said Hong Kong could continue to learn from the developments in the common law and legislation of Commonwealth jurisdictions, the courts would continue to have regard to precedents from other common law jurisdictions, judges might be recruited from them, and the new Court of Final Appeal would be able, as required, to invite judges from them to sit on the court.
There would be another way in which Hong Kong could maintain its links with members of the Commonwealth, he added.
Agreement has been reached in the Sino-British Joint Liaison Group for Hong Kong to negotiate and conclude bilateral agreements not only in the economic sphere but also in areas such as surrender of fugitive offenders, mutual legal assistance, and transfer of sentenced persons.
"Some such agreements have already been made with Commonwealth countries and I hope that, in time, a network of these agreements can be established with many Commonwealth countries," Mr Mathews said.
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