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On the commencement provision in the Bill, Mr Mathews said some had argued that as the legislation would not be in operation before I July 1997, it would not be a "law previously in force" and would be unconstitutional because of Article 18 of the Basic Law.
This argument overlooks two vital points, he said: "First the Chinese text of Article 18 does not refer to 'laws previously in force in Hong Kong', but in effect to 'laws which Hong Kong originally had'.
"Secondly, the English text of Article 18 refers to laws previously in force in Hong Kong 'as provided for in Article 8'. Article 8, in referring to 'the laws previously in force in Hong Kong' says 'that is, the common law, rules of equity, ordinances, subordinate legislation and customary law.'
"Once the Court of Final Appeal Bill is enacted it will clearly be an Ordinance, and will therefore be a law previously in force in Hong Kong within the meaning of Article 8...", Mr Mathews said.
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As regards the "four plus one" composition of the Court of Final Appeal, Mr Mathews pointed out that the assertion that it breached the Joint Declaration and the Basic Law was incorrect and had been rejected by both British and Chinese Governments.
"Our view that the four plus one composition is consistent with the Joint Declaration and the Basic Law is supported by a number of authoritative and independent legal opinions," he said.
"We have not the slightest doubt that the four plus one composition is a perfectly acceptable way of implementing the provisions in the Joint Declaration and the Basic Law that provide for judges from other common law jurisdictions to sit on the Court of Final Appeal," he added.
Turning to the Bill itself, Mr Mathews said there were provisions which would help to ensure a smooth transition.
"Clause 49 of the Bill provides that any appeal to the Privy Council in respect of which leave to appeal has been granted but which has not been finally disposed of before I July 1997 shall proceed in the Court of Final Appeal.
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