TNAG-1577-FCO40-2150-Hong-Kong-Court-of-Final-Appeal-1986 — Page 2

Mr Smith, HKD

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Jatt M. Lap &

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Tom Smith 22/

DEPUTY LEGAL ADVISER

FROM: PAUL FIFOOT

DATE : 22 MAY 1986

cc Mr Hum

COURT OF APPEAL

1. Mr Michael Thomas called on me today and we discussed various matters relating to the intention to provide Hong Kong with a final Court of Appeal somewhere in the region of 1990. Mr Thomas said that Hong Kong were aiming to get their ideas in order so as to produce a paper for EXCO in November. In addition to matters relating to the structure of the Court of Appeal, there were questions relating to the termination of the appeal to the Privy Council, to the prerogative of mercy and the power to pardon. I told Mr Thomas that I was fully seized of the issues relating to the termination of an appeal to the Privy Council and I would be exploring the position with Whitehall Departments in the very near future. I would also be giving consideration to issues relating to the prerogative of mercy and the exercise of the power of pardon. An additional matter which we needed to consider in this context was the right of English courts to issue orders in the nature of habeas corpus in respect of colonies. I believed this was not an issue in relation to Hong Kong but would need to check the position.

2.

I shall pursue these various issues in the coming weeks, clearing drafts with you as appropriate.

of

НИИ 37013

RECEIVED IN REGISTRY

- 4 JUN 1986

DESK OFFICER

INDEX

Pi

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Action Taken

Paul Fifoot