XN000022-1995-07-26 — Page 13

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LegCo asked to support confidence-building bill

The Attorney General, the Hon Jeremy Mathews, today (Wednesday) warned that there would be damaging uncertainty if the Legislative Council supported any amendments to the Court of Final Appeal Bill that were inconsistent with the Sino- British Joint Liaison Group agreement.

Mr Mathews, speaking at the second reading of the Bill, pointed out that Members would recreate damaging uncertainty, as to the form of the Court of Final Appeal to be established after July 1, 1997, with clear understanding that the Court to be set up after that date would not be better than the one provided for in the present Bill, and in full recognition of the probability of a judicial vacuum.

The Bill before Members could ensure a smooth transition of Hong Kong's system of judicial appeals, he said.

"It provides for the creation of a Court of Final Appeal that, subject only to the Basic Law, has the same jurisdiction and powers as the Judicial Committee of the Privy Council.

"The passage of the Bill will be a milestone in the smooth transition of Hong Kong's legal system. It will end years of damaging uncertainty and give confidence to the local community and foreign investors."

On the other hand, if passed, the amendments would wreck the agreement that had taken years to achieve, under which a proper Court of Final Appeal could be established on July 1, 1997, in such a way as to avoid a judicial vacuum, he added.

In urging Members to oppose the amendments, Mr Mathews elaborated:

Commencement Provision

The Administration has made no secret of the fact that it originally wanted to establish the Court of Final Appeal well before the transfer of sovereignty. The Chinese side of the JLG was only prepared to support the Bill on the basis that the court is established on July 1, 1997.

The British Government will ensure that the Judicial Committee of the Privy Council will continue to hear appeals up to June 30, 1997, and will fast-track Hong Kong appeals in the months leading to the transfer of sovereignty.