XN000022-1994-04-14 — Page 8

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THURSDAY, APRIL 14, 1994

THEN THERE IS OUR COURT SYSTEM ITSELF. AT PRESENT, THE FINAL APPEAL COURT IN HONG KONG IS THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. THE JOINT DECLARATION AND THE BASIC LAW STATE THAT THE SAR WILL HAVE A COURT OF FINAL APPEAL BASED IN HONG KONG. THIS IS A SIGNIFICANT CHANGE THAT WILL AFFECT THE WHOLE OF THE LEGAL SYSTEM. THE GOVERNMENT, WITH THE STRONG SUPPORT OF THE CHIEF JUSTICE, BELIEVES THAT, TO ENSURE CONTINUITY IN 1997, WE SHOULD ATTEMPT TO ESTABLISH THE COURT WELL BEFORE THAT DATE; AND WE SECURED CHINESE AGREEMENT TO THIS IN 1991.

MOST OF YOU WILL BE AWARE THAT THE AGREEMENT WE REACHED WITH THE CHINESE SIDE DID NOT FIND FAVOUR WITH THE LEGISLATIVE COUNCIL AND WITH THE LEGAL PROFESSION IN HONG KONG; AND THAT THIS HAS SO FAR HELD UP THE ESTABLISHMENT OF THE COURT. WE NOW NEED TO FIND A WAY FORWARD. IT IS SELF-EVIDENTLY IN THE INTERESTS OF HONG KONG FOR THE COURT TO BE UP AND RUNNING BEFORE 1997. IT WOULD BE IRRESPONSIBLE FOR THE HONG KONG GOVERNMENT NOT TO DO EVERYTHING POSSIBLE TO ACHIEVE THIS, DESPITE THE OBVIOUS DIFFICULTIES.

WE HAVE THEREFORE NOW PREPARED THE NECESSARY DRAFT LEGISLATION, AND WE INTEND TO CONSULT BOTH THE CHINESE SIDE AND THE LEGAL PROFESSION ON THIS BEFORE WE INTRODUCE IT INTO THE LEGISLATIVE COUNCIL. IT REMAINS BASED ON THE AGREEMENT REACHED IN 1991, WHICH WE CONTINUE TO BELIEVE IS THE BEST AGREEMENT AVAILABLE. WE WILL SPARE NO EFFORTS TO CONVINCE LEGISLATORS, AND THE COMMUNITY, THAT THE WAY FORWARD WHICH WE ARE PROPOSING REPRESENTS THE ONLY SENSIBLE OPTION.

BEING

IF WE FAIL IN THIS, THE COURT WILL HAVE TO BE ESTABLISHED BY THE SAR ITSELF. THIS WOULD TAKE TIME, CERTAINLY A YEAR PROBABLY MORE. WE WOULD HAVE TO DISCONTINUE APPEALS TO THE PRIVY COUNCIL AT LEAST A YEAR BEFORE 30 JUNE 1997, BECAUSE THAT IS THE LEAD TIME FOR APPEALS TO BE HEARD AND WE MUST OBVIOUSLY AVOID THE LEGAL COMPLICATIONS THAT WOULD OCCUR IF A CASE WAS IN THE PROCESS OF HEARD AT THAT DATE. SO WE ARE LOOKING AT A POTENTIAL VACUUM LEAST TWO OR THREE YEARS AT THE HIGHEST LEVEL OF OUR JUDICIAL WITH ALL THE UNCERTAINTY WHICH THAT WOULD CREATE, FOR HONG KONG AND FOR INTERNATIONAL INVESTORS ALIKE. THAT IS WHY WE Need to AHEAD NOW.

OF AT SYSTEM, PEOPLE

PRESS

IN

THERE IS ANOTHER MATTER TO WHICH I AND MY SENIOR COLLEAGUES GOVERNMENT ATTACH FUNDAMENTAL IMPORTANCE. THAT IS THE CIVIL SERVICE. THE CIVIL SERVICE IS THE BACKBONE OF HONG KONG'S ADMINISTRATION. THE COMMITMENTS MADE IN THE JOINT DECLARATION AND IN THE BASIC LAW RIGHTLY REFLECT THIS. I WELCOME THE ASSURANCES WHICH CHINESE OFFICIALS HAVE REPEATEDLY GIVEN ABOUT THE NEED TO MAINTAIN THE MORALE AND EFFICIENCY OF THE CIVIL SERVICE. WE NEED TO BEGIN DISCUSSING SOON THE PRACTICAL MEASURES WHICH WILL BE NECESSARY TO ACHIEVE THIS, NOT LEAST ON THE QUESTION OF PRINCIPAL OFFICIALS AND CONTINUITY OF APPOINTMENTS. WE ARE READY

WORK WITH THE CHINESE SIDE TO ENSURE THAT HONG KONG CONTINUES TO BENEFIT FROM A DEDICATED, IMPARTIAL AND EFFICIENT CIVIL SERVICE, IMBUED WITH THE PRINCIPLES OF GOOD CLEAN GOVERNMENT AND MINIMUM INTERVENTION WHICH HAVE MADE HONG KONG SO SPECIAL. THIS IS AN OBJECTIVE WHICH IS WELL WITHIN OUR GRASP, IF WE REACH OUT FOR IT TOGETHER.

THERE ARE