XN000022-1994-10-29 — Page 2

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SATURDAY, OCTOBER 29, 1994

COURT OF FINAL APPEAL BILL PROVIDES CONTINUITY AND CERTAINTY IN LEGAL SYSTEM

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THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID TODAY (SATURDAY) THAT HONG KONG HAD A CLEAR AND STARK CHOICE ON THE QUESTION OF THE COURT OF FINAL APPEAL (CFA): EITHER TO SET UP A CFA BEFORE 1997 ON THE BASIS OF THE 1991 AGREEMENT REACHED IN THE JOINT LIAISON GROUP {JLG}, OR NOT TO HAVE ONE UNTIL AFTER 1997.

MR

SPEAKING AT A FORUM ON CFA ORGANISED BY THE BAR ASSOCIATION, MATHEWS SAID THE GOVERNMENT'S FIRM BELIEF WAS THAT THE ONLY OPTION THAT WAS WORTH PURSUING WAS THE OPTION OF ESTABLISHING THE · COURT OF FINAL APPEAL BEFORE 1997, ON THE BASIS OF THE JLG AGREEMENT, AND WITH DUE REGARD TO RELEVANT PROVISIONS IN THE JOINT DECLARATION AND THE BASIC LAW.

HE SAID: "THE ESTABLISHMENT OF THE COURT OF FINAL APPEAL BY JULY 1996 AT THE LATEST, WITH AN ASSURANCE OF ITS CONTINUED EXISTENCE BEYOND THAT DATE, WOULD AVOID A DAMAGING JUDICIAL VACUUM."

ΤΟ

BEFORE

"IN ADDITION, IT WOULD ENABLE THE COURT TO GAIN EXPERIENCE, BUILD UP ITS REPUTATION, AND DEMONSTRATE ITS INDEPENDENCE, 1997.

**THIS WOULD DO AN IMMENSE AMOUNT OF GOOD TO CONFIDENCE IN THE LEGAL SYSTEM. IT IS THEREFORE GREATLY IN THE INTERESTS OF HONG KONG TO ESTABLISH THE COURT OF FINAL APPEAL BY JULY 1996 AT THE LATEST."

MR MATHEWS SAID THE CURRENT POSITION WAS THAT A BILL HAD BEEN DRAFTED, ON THE BASIS OF THE JLG AGREEMENT AND HAVING DUE REGARD TO RELEVANT PROVISIONS IN THE JOINT DECLARATION AND BASIC LAW.

HE ADDED THAT THE JLG AGREEMENT PROVIDED THAT THE COURT SHOULD, IN EVERY SITTING, BE COMPOSED OF FIVE JUDGES:

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THE CHIEF JUSTICE OF THE COURT OF FINAL APPEAL;

* THREE PERMANENT HONG KONG JUDGES; AND

NON-PERMANENT HONG

LAW

ONE JUDGE TO BE SELECTED FROM A LIST OF KONG JUDGES OR FROM A LIST OF JUDGES FROM OTHER COMMON JURISDICTIONS.

"THE HONG KONG JUDGES (OTHER THAN THE CHIEF JUSTICE) MAY BE LOCAL OR EXPATRIATE. APART FROM THE CHIEF JUSTICE OF THE COURT OF FINAL APPEAL, THE JUDGES DO NOT NEED TO BE CHINESE CITIZENS,'

HE SAID.

MR MATHEWS SAID THE APPROACH ADOPTED IN THE BILL WAS BY AND LARGE, TO FOLLOW THE EXISTING JURISDICTION AND PROCEDURES OF THE PRIVY COUNCIL.

WE

**

CONSIDER THIS IS THE BEST WAY TO ENSURE CONTINUITY IN LEGAL SYSTEM,' HE SAID.

OUR

/AT PRESENT,