TNAG-1316-FCO40-1716-Future-of-Hong-Kong-preparation-of-the-Joint-Declaration-1984 — Page 18

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Mr. Pong. M. Home

Warren-Gasм

DATE: 28 June 1984

cc: PS

PS/PUS

Sir P Cradock

Sir W Harding

Sir J Freeland

Mr Orr, FED

Mr Clift, HKD

THIS

COPY FOR

Mr Walker, Research Dept

HONG KONG: THE JUDICIAL SYSTEM

1.

708

Mr Luce has read with interest your minute of 27 June.

2. He agrees that we should not seek to impose changes in the judiciary in Hong Kong which the Chinese Government could not accept and which would not therefore last beyond 1997. But he does not believe this invalidates the Chief Justice of Hong Kong's point. The Basic Law, once it is promulgated, will no doubt form a bench mark against which subsequent legislation in Hong Kong will have to be judged. How good a bench-mark remains to be seen: this will depend on how firmly it incorporates references to the basic rights and freedoms, and how closely it will approximate to a 'mini-constitution'. But the knowledge that the judicary could act as watch dogs of the system could well prove a valuable added assurance to the people of Hong Kong.

3.

This therefore remains an avenue which Mr Luce would like to be considered very carefully, to establish what advantage we can expect to derive from it.

ok. Waren. Girl

GIL

H B Warren-Gash PS/Mr Luce

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