XN000022-1995-05-03 — Page 8

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Acting Chief Justice on CFA

In response to press queries about reported comments made on the Court of Final Appeal (CFA) by Mr Anthony Neoh, the acting Chief Justice, Mr Justice Power, reiterated today (Wednesday) the importance of setting up the CFA before July 1, 1997.

"It is a matter of crucial importance that the CFA be set up well before July 1997," the acting Chief Justice said.

"The CFA will be the apex of the future judicial system. If it is not set up before 1997, there must inevitably be a judicial vacuum causing uncertainty and delay."

The acting Chief Justice said whatever the number of cases to come before the CFA, three main problems would emerge in the absence of a CFA.

"First, criminal cases will have to be held up. Persons pursuing appeals, particularly those not on bail, will have to wait much longer for their appeals to be finally determined simply because there will be no final appellate court," he said.

"The second problem relates to civil matters, particularly commercial disputes," he added.

"If there is no CFA, there will be no early resolution of commercial disputes which must affect the confidence of the business community in the administration of justice.

"The third problem arising from the vacuum will be the interruption of the flow of authoritative decisions on test cases which give guidance to the legal profession and the community generally."

The acting Chief Justice reiterated the point made by Sir Ti Liang Yang that it took time to set up the CFA and that the Judiciary would need up to 15 months before the CFA was able to function properly.

End/Wednesday, May 3, 1995