XN000022-1994-10-26 — Page 33

17

WEDNESDAY, OCTOBER 26, 1994

AS MEMBERS WELL KNOW, AN AGREEMENT WAS REACHED WITH THE CHINESE SIDE ON THE EARLY ESTABLISHMENT OF THE COURT AT THE

LIAISON JOINT

THIS GROUP IN SEPTEMBER 1991. WE HAVE DRAFTED A BILL ON THE BASIS OF AGREEMENT AND WITH DUE REGARD TO THE RELEVANT PROVISIONS OF THE JOINT DECLARATION AND THE BASIC LAW. THIS DRAFT BILL HAS BEEN HANDED TO THE CHINESE SIDE, AND WE HAVE ANSWERED THE 8 QUESTIONS THAT THEY RAISED AT THE RECENT JOINT LIAISON GROUP MEETING. WE HOPE TO RECEIVE A POSITIVE RESPONSE FROM THE CHINESE SIDE VERY SOON.

BRING REMAIN

THE THE ADMINISTRATION IS SERIOUS IN ITS EFFORTS TO ESTABLISH COURT IN 1996. IT IS COMMITTED TO SEEKING COMMENTS ON THE DRAFT BILL FROM THE LEGAL PROFESSION BEFORE INTRODUCING IT INTO THIS COUNCIL. THIS WE WILL BEGIN TO DO VERY SOON. WE WILL THEN AIM TO INTRODUCE THE DRAFT BILL INTO THIS COUNCIL EARLY IN 1995, WITH A VIEW TO ITS ENACTED BY THE END OF THIS SESSION. I KNOW THAT SOME MEMBERS

WE NOW OPPOSED TO THE 1991 JLG AGREEMENT. TO THEM, I WOULD SAY THAT HAVE A VERY CLEAR AND STARK CHOICE TO SET UP A COURT OF FINAL APPEAL HAVE ONE BEFORE 1997 ON THE BASIS OF THE 1991 AGREEMENT, OR NOT TO

MORE IN UNTIL

I AM IN NO DOUBT WHICH OF THESE WOULD BE AFTER 1997.

THE 1991 AGREEMENT MAY NOT BE PERFECT, BUT HONG KONG'S INTERESTS.

NO ONE, NO ONE CAN BE SURE THAT WE WILL GET A BETTER ONE AFTER 1997.

PERHAPS

YEARS

BE

VITAL

JURISPRUDENCE, INTEREST. IN OF GREAT RIGHTS

THE

2 OF ANY FINAL AVENUE OF APPEAL FOR LACK WOULD HAVE SERIOUS CONSEQUENCES. PARTIES TO PROCEEDINGS WOULD UNABLE TO CHALLENGE DECISIONS OF THE COURT OF APPEAL, EVEN IF THEY MAY

OF GREAT A GRAVE INJUSTICE OR IF A QUESTION HAVE

PUBLIC SUFFERED

INVOLVED.

WOULD THE LEGAL SYSTEM IMPORTANCE WAS

BE DEPRIVED OF DECISIONS OF THE HIGHEST JUDICIAL AUTHORITY; DECISIONS THAT ARE TO THE EVOLUTION OF JURISPRUDENCE FOR HONG KONG. THIS I WOULD ADD MR PRESIDENT, IS NOT A MATTER OF ACADEMIC RECENT YEARS, THE PRIVY COUNCIL HAS ESTABLISHED PRINCIPLES

CONCERNING IMPORTANCE PUBLIC

EFFECT OF THE

ORDINANCE

EXISTING CRIMINAL LAWS; THE EXTENT TO ILL-GOTTEN GAINS CAN BE RECOVERED; AND THE SERVANT'S FOREIGN STATE TO EXTRADITE A PERSON FOR A CONSPIRACY THAT TOOK OUTSIDE THE JURISDICTION OF THAT STATE. THE ABSENCE OF A DEVELOP OUR LAWS IN SUCH AN AUTHORITATIVE WAY WOULD UNDERMINE CONFIDENCE IN OUR LEGAL SYSTEM AT A TIME WHEN IT IS MOST NEEDED.

ON

THE

OF BILL WHICH

ABILITY

A

PUBLIC

OF A

PLACE

COURT

ΤΟ

PUBLIC

Fr

IN

BK

THE

BASIC MUST OF THAT MR SAID LAST AT THEIR

MEMBERS TWO

RAISED

USE OF THE QUESTION OF THE

CHINESE OUR COURTS. CLEARLY WE MUST ENSURE THAT THE CHINESE LANGUAGE CAN USED

THE PROVISION IN IN ALL COURTS AS SOON AS POSSIBLE. LAW THAT "IN ADDITION TO CHINESE, ENGLISH MAY ALSO BE USED, COURSE

HOWEVER, I BELIEVE BE COMPLIED WITH BY 1 JULY 1997. SIMON IP WAS READING TOO MUCH INTO THAT PROVISION WHEN HE WEEK THAT THIS CONFERS A CONSTITUTIONAL RIGHT ON LITIGANTS ELECTION TO USE CHINESE OR ENGLISH OR BOTH DURING LEGAL PROCEEDINGS.

/IT SHOULD