XN000022-1991-12-04 — Page 6

WEDNESDAY, DECEMBER 4, 1991

ESTABLISHED A FINE I BELIEVE THAT OUR COURT OF APPEAL HAS

OF REPUTATION FOR QUALITY. IF SOME OF ITS JUDGES SIT ON THE COURT

ITS AUTHORITY AND FINAL REPUTATION.

HAS

APPEAL,

THEY WILL

UNDOUBTEDLY

ENHANCE

AFFAIRS

MR DEPUTY PRESIDENT, THE SECRETARY FOR CONSTITUTIONAL

TO ESTABLISH SPOKEN OF A COMPREHENSIVE SET OF MEASURES INTENDED

MANY LEGAL THERE IS MUCH WORK TO DO AND THE COURT OF FINAL APPEAL.

SOME OF THOSE HAVE ALREADY BEEN MENTIONED BY ISSUES TO BE CONSIDERED. THE SECRETARY. I EARNESTLY HOPE THAT WE CAN HAVE THE CO-OPERATION OF ALL MEMBERS OF THIS COUNCIL AND OF THE LEGAL PROFESSION TOGETHER IN THIS HISTORIC TASK.

T

IN WORKING

THAT THE

THE WITH A JUSTICE,

IN CONCLUSION, MR DEPUTY PRESIDENT, LET ME RE-STATE AGREEMENT REACHED IN THE JOINT LIAISON GROUP IS NOT IN BREACH OF

I BELIEVE THAT THE AGREEMENT PROVIDES US JOINT DECLARATION.

A VIEW SHARED BY THE CHIEF WORKABLE AND DURABLE FRAMEWORK

AND THAT IT GIVES US A GREAT THE HEAD OF THE JUDICIARY - ΤΟ ESTABLISH A COURT OF FINAL APPEAL WELL BEFORE 1997, WITH

THE PARTICULAR BENEFITS I HAVE DESCRIBED, CONTINUITY IN OUR JUDICIAL SYSTEM.

WITH IN

MR DEPUTY PRESIDENT, I OPPOSE THE MOTION.

OPPORTUNITY ALL THE

GUARANTEE OF

SCA ON COURT OF FINAL APPEAL

* * *

FOLLOWING IS A SPEECH BY SECRETARY FOR CONSTITUTIONAL MICHAEL SZE ON THE MOTION DEBATE ON THE COURT OF FINAL THE LEGISLATIVE COUNCIL ON WEDNESDAY, 4 DECEMBER 1991:

MR

MR DEPUTY PRESIDENT,

AGREEMENT

AFFAIRS, APPEAL

IN

FOR THE

OF

SHOULD

THEN

Ι SHOULD FIRST LIKE TO SET OUT THE GOVERNMENT'S CASE

REACHED IN THE JOINT LIAISON GROUP ON THE ESTABLISHMENT OF FINAL A COURT

APPEAL IN HONG KONG BEFORE 1997. I EXPLAIN THE CONSIDERATIONS WHICH THE ADMINISTRATION TAKES INTO ACCOUNT IN OPPOSING THE MOTION MOVED BY MR SIMON IP.

THE THAT

KONG HONG LET ME BEGIN BY MAKING ONE THING CLEAR,

BETWEEN THE IT WAS FULLY CONSULTED ON THE AGREEMENT REACHED GOVERNMENT

HAS BRITISH AND CHINESE GOVERNMENTS ON THE COURT OF FINAL APPEAL.

HAVE THE BRITISH GOVERNMENT BEEN ALLEGED THAT SOMEHOW SOMETIMES

BACKS, REACHED THIS AGREEMENT WITH THE CHINESE GOVERNMENT BEHIND OUR

FURTHER FROM THAT WE HAVE BEEN SOLD DOWN THE RIVER. THIS CANNOT BE

EXECUTIVE THE TRUTH. SPECIFICALLY, THE HONG KONG GOVERNMENT, AND THE

ON THE SO-CALLED COUNCIL AND

A THE JUDICIARY, WERE FULLY CONSULTED

WE HAVE CONCLUDED THAT SUCH COMPOSITION OF THE COURT. "FOUR-ONE"

WITH THE COMPOSITION, THOUGH NOT IDEAL, WAS WORKABLE AND CONSISTENT

IT WAS CERTAINLY NOT SOMETHING JOINT DECLARATION AND THE BASIC LAW. IMPOSED ON US BY THE UK GOVERNMENT, LEAST OF ALL WITHOUT OUR CONSENT.

/I BELIEVE