XN000022-1994-12-09 — Page 5

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"But on the other hand, we note that the motion that was eventually passed at the EGM is much less negative than that proposed by the Bar Council. In particular, we note that the motion states very clearly that it is a wish of members of the Bar Association to see the Court of Final Appeal established before 1997 in accordance with the Basic Law and the Joint Declaration."

Mrs Chan reiterated Government's intention to see the establishment of the Court of Final Appeal by 1996 at the latest.

"In order to achieve this target, we need to see the bill enacted during the current session of the Legislative Council," Mrs Chan said.

"If we fail to enact the CFA, then of course, we run the serious risk of judicial vacuum at the very highest level, possibly for two or three years until the Special Administrative Region sets up a Court of Final Appeal after 1997 and, of course, there's no guarantee that the Court of Final Appeal established after 1997 would be any better in terms of composition of the Court of Final Appeal than the one that we've already reached agreement with the Chinese on the 1991 agreement.'

"

In response to a question about the setting up of a provisional legislature, Mrs Chan: "In our view, elections to the legislature next year are fully in accordance with the Basic Law and the Joint Declaration and we see no reason why those elected into the legislature in 1995 should not ride the through-train.

"The best way of avoiding confusion and providing certainty both to the community of Hong Kong and to the international investing public is precisely to have continuity in the legislature."

End/Friday, December 9, 1994