XN000022-1994-10-29 — Page 5

SATURDAY, OCTOPER 29, 1994

"A VACUUM WILL OCCUR BEFORE THAT DATE BECAUSE IT CAN TAKE UP TO A YEAR FOR AN APPEAL TO THE PRIVY COUNCIL TO BE HEARD.

BE

"FROM ABOUT THE SUMMER OF 1996 ONWARDS THERE WILL THEREFORE

AND THERE INSUFFICIENT TIME IN WHICH TO APPEAL TO THE PRIVY COUNCIL. WILL BE NO OTHER COURT TO WHICH A FINAL APPEAL CAN BE MADE.

IT WILL "THE VACUUM WILL CONTINUE BEYOND JULY 1, 1997 SINCE INEVITABLY TAKE TIME TO ENACT THE LEGISLATION ESTABLISHING THE COURT THE COURT UNDER OF FINAL APPEAL, TO APPOINT THE JUDGES AND TO GET WAY, HE SAID.

I

HE NOTED THAT THE LACK OF ANY FINAL AVENUE OF APPEAL FOR THAN A YEAR WOULD HAVE SERIOUS CONSEQUENCES.

MORE

GRAVE INVOLVED."

HE SAID: "PARTIES TO PROCEEDINGS WOULD BE UNABLE TO DECISIONS OF THE COURT OF APPEAL, EVEN IF THEY MAY HAVE

OR INJUSTICE

IF A QUESTION OF

GREAT

PUBLIC

CHALLENGE SUFFERED A WAS IMPORTANCE

THE

OF

"THE LEGAL SYSTEM WOULD BE DEPRIVED OF DECISIONS OF THE HIGHEST

EVOLUTION THAT ARE VITAL TO JUDICIAL AUTHORITY; DECISIONS JURISPRUDENCE FOR HONG KONG," HE ADDED.

THE SECOND DISADVANTAGE IS THAT OF UNCERTAINTY.

"I

MR MATHEWS SAID: "IF THE LEGISLATION ESTABLISHING THE COURT NOT ENACTED UNTIL AFTER THE TRANSFER, THEN FOR THE NEXT THREE AND PERHAPS LONGER, THERE WILL BE COMPLETE UNCERTAINTY AS TO WHAT FORM AND THE LEGISLATION WILL TAKE, WHETHER IT WILL BE BASED UPON EXISTING FAMILIAR PRINCIPLES OR NOT, AND AS TO WHO THE JUDGES OF THE COURT WILL BE.

IS

YEARS,

THIRD THE

UNDERMINED

DISADVANTAGE,

WAS NOTED, HE

THAT PUBLIC AND

IN HONG

LEGAL SYSTEM WOULD BE KONG'S

BEFORE ESTABLISHED

THE IF THE COURT WAS NOT

INTERNATIONAL CONFIDENCE SERIOUSLY TRANSFER OF SOVEREIGNTY.

HE SAID, IT WOULD BE VERY DAMAGING TO HAVE THE JUDICIAL AND UNCERTAINTY IN RESPECT OF THE COURT FEATURED PROMINENTLY IN AND BUSINESS COVERAGE OF HONG KONG.

VACUUM MEDIA

WOULD BE SEEKING

THE DRAFT

MR MATHEWS NOTED THAT THE ADMINISTRATION COMMENTS FROM THE BAR ASSOCIATION AND THE LAW SOCIETY ON BILL EARLY NEXT WEEK.

IT AIMS TO INTRODUCE THE BILL INTO

THE LEGISLATIVE COUNCIL

IN EARLY 1995, WITH A VIEW TO ITS BEING ENACTED BY THE END OF THIS SESSION AND THE COURT'S ESTABLISHMENT BY JULY 1996 AT THE LATEST.

0

/5