XN000022-1991-10-14 — Page 2

1

PONDAY, OCTOPER 1

1

1991

COURT OF FINAL APPEAL EXPLAINED

AND

AS MISGUIDED

COMPOSITION OF

A GOVERNMENT SPOKESMAN TODAY (MONDAY) DISMISSED UNTRUE RECENT SUGGESTIONS THAT THE AGREEMENT REACHED AT THE LAST JOINT LIAISON GROUP MEETING ON THE ESTABLISHMENT AND THE COURT OF FINAL APPEAL (CFA) WAS CONTRARY TO THE JOINT (JD) AND THE BASIC LAW (BL).

DECLARATION

THE

"UNDER THE PRINCIPLED AGREEMENT REACHED WITH THE CHINESE, CFA SHALL CONSIST OF FIVE JUDGES IN ANY SITTING," THE SPOKESMAN SAID.

CFA,

AND

"THE FIVE JUDGES WILL INCLUDE THE CHIEF JUSTICE OF THE THREE PERMANENT HONG KONG JUDGES, WHO MAY BE LOCAL OR EXPATRIATE,

PARTICULAR A REMAINING ONE WHO MAY, DEPENDING ON THE NEEDS OF EACH CASE, BE DRAWN FROM A LIST OF NON-PERMANENT HONG KONG JUDGES OR FROM A LIST OF DISTINGUISHED JUDGES FROM OTHER COMMON LAW JURISDICTIONS.

IS A

PERMIT JUDGES "THUS THE PROPOSED COMPOSITION OF THE CFA WILL OTHER COMMON LAW JURISDICTIONS TO SIT ON THE CFA IF THERE NEED, AS PROVIDED FOR IN JD 68 AND BL82."

FROM

THE SPOKESMAN POINTED OUT THAT THE PROVISIONS OF THE JD AND BL IN ACCORDANCE WITH NEED, INVITE MAKE IT VERY CLEAR THAT THE CFA MAY, JUDGES FROM OTHER COMMON LAW JURISDICTIONS TO SIT ON THE CFA.

MOREOVER, THE JD AND THE BL DOES NOT SPECIFY ANY MINIMUM NUMBER THUS THE COMPOSITION OF SUCH JUDGES TO BE INVITED TO SIT ON THE CFA.

IS WHOLLY CHINESE

AS

OF THE CFA

IN PRINCIPLE AGREED CONSISTENT WITH THE JD AND THE BL.

WITH

THE

THE NUMBER OF

"MOREOVER," THE SPOKESMAN SAID, "THE JD AND BL PROVIDE FOR INDEPENDENCE OF THE JUDICIARY TO BE MAINTAINED THROUGH A

WAYS.

KONG SPECIAL BY THE CHIEF OF AN

"THEY EXPRESSLY PROVIDE THAT JUDGES OF THE HONG ADMINISTRATIVE REGION

SHALL BE APPOINTED (HKSAR) EXECUTIVE OF THE HKSAR IN ACCORDANCE WITH THE RECOMMENDATION INDEPENDENT COMMISSION.

"THEY SHALL BE CHOSEN BY REFERENCE TO THEIR JUDICIAL AND MAY BE RECRUITED FROM OTHER COMMON LAW JURISDICTIONS.

QUALITIES

IN

"THUS JUDGES FROM OTHER COMMON LAW JURISDICTIONS MAY SERVE THE COURTS OF THE HKSAR AT ALL LEVELS, INCLUDING THE CFA, (EXCEPT AS THE HONG THE CJ OF THE CFA AND THE CHIEF JUDGE OF THE HIGH COURT OF KONG SAR WHO ARE REQUIRED BY THE JD AND BL TO BE CHINESE CITIZENS ARE PERMANENT RESIDENTS OF THE HK SAR WITH NO RIGHT OF ABODE FOREIGN COUNTRY).

WHO

IN

ANY

***THE

THREE PERMANENT HONG KONG JUDGES WHO MAKE UP THE CFA INCLUDE JUDGES WHO HAVE SERVED IN OTHER COMMON LAW JURISDICTIONS WHO HAVE BEEN APPOINTED TO SERVE IN THE COURTS OF HONG KONG."

MAY

AND

/THE SPOKESMAN