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Importance of continuity of legal system stressed
The overriding priority of the Hong Kong Government is to maintain the rule of law, and ensure that it would command the confidence of the local community and the international community after 1997.
The remark was made by the Chief Secretary, Mrs Anson Chan, in her keynote speech at the LawAsia Business Law Conference this (Thursday) afternoon.
Mrs Chan said the Government is doing its utmost to ensure that the transfer of sovereignty is accompanied by the continuity of the local legal system which is essential in order to realise the principle of the "one country, two systems".
Mrs Chan said, a great deal had been achieved by the Government in preparing for the continuation of the legal system and the rule of law beyond 1997 in the territory, including the establishment of the Court of Final Appeal (CFA), the continued application of international rights and obligations, and the localisation of laws.
The Chief Secretary described the passage of the Court of Final Appeal Bill in July last year by a landslide vote as "truly a milestone in the transition of Hong Kong from British to Chinese sovereignty".
She said to ensure that the CFA can be established on July 1, 1997, the Government is now proceeding with the practical arrangements, including fitting out the premises where the Court will be accommodated, drawing up detailed rules of procedure and making the necessary preparatory work for the appointment of judges.
"I am confident that the change in our highest appellate court which will take place on the transfer of sovereignty will be effected smoothly and without any judicial vacuum," she said.
In respect of international rights and obligations, Mrs Chan was confident that a mechanism would be in place to ensure that the continued application of multilateral treaties to the Hong Kong Special Administrative Region would be recognised by the international community.
She noted that so far, under the aegis of the Joint Liaison Group Sub-group on International Rights and Obligations, agreement had already been reached, in principle, on the continued application of some 175 treaties with only about 15 treaties left for discussions.
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