TNAG-1577-FCO40-2150-Hong-Kong-Court-of-Final-Appeal-1986 — Page 7

GRS 350

CONFIDENTIAL FM HONG KONG

CONFIDENTIAL

HAM 370/31 ник

RECEIVED IN REGISTRY

1 MAY 1986

DESK OFFICER

REGISTRY

tion laken

TO PRIORITY FCO

TELNO 1282

OF 300745Z APRIL 86

INFO PRIORITY PEKING

MIPT: COURT OF FINAL APPEAL

1. DRAFT LETTER TO CHIEF JUSTIC IS AS FOLLOWS.

BEGINS.

COPY

1. AT OUR MEETING ON 18 APRIL, WE DISCUSSED INTER ALIA WHAT ACTION NEEDED TO BE TAKEN IN THE LIGHT OF THE PROVISION IN THE JOINT DECLARATION THAT FROM 1 JULY 1997 THE POWER OF FINAL ADJUDICATION SHOULD BE VESTED IN THE COURTS OF THE HONG KONG SAR. WE IDENTIFIED THREE AREAS THAT NEEDED TO BE CONSIDERED:-

A) WHETHER A NEW COURT OF FINAL APPEAL SHOULD BE ESTABLISHED, OR WHETHER FINAL ADJUDICATION SHOULD REST WITH THE EXISTING COURT OF APPEAL:

B) WHETHER THE NEW ARRANGEMENTS OR MERELY A RESTATEMENT OF THE GENERAL PRINCIPLE, SHOULD BE SET OUT IN THE BASIC LAW:

C) WHETHER THE NEW ARRANGEMENTS SHOULD BE INTRODUCED, AND THE PRESENT SYSTEM OF APPEALS TO THE PRIVY COUNCIL ABOLISHED, BEFORE 1997.

2. YOUR PRELIMINIARY THINKING WAS THAT IT WOULD BE IN HONG KONG'S INTEREST FOR THE PROPOSED ARRANGEMENTS TO BE SPELT OUT IN THE BASIC LAW AND THAT THEY SHOULD BE INTRODUCED BEFORE 1997. THE IMPLICATION OF THIS IS THAT WE SHOULD REACH A VIEW ON THE LOCATION AND COMPOSITION OF THE COURT OF FINAL APPEAL AS SOON AS POSSIBLE, PREFERABLY BY ABOUT THE MIDDLE OF 1987.

3. I SHOULD THEREFORE BE GRATEFUL IF YOU WOULD NOW CONSIDER THIS POINT AND LET ME HAVE YOUR VIEWS. YOU WILL NO DOUBT CONSIDER THE MERITS OF INTRODUCING ARRANGEMENTS THAT WOULD ALLOW THE PARTICIPATION OF JUDGES FROM OTHER COMMON LAW JURISDICTIONS (SECTION 11 OF ANNEX I TO THE JOINT DECLARATION REFERS).

4. WE HAVE, OF COURSE, TO KEEP IN MIND THAT THE DRAFTING OF THE BASIC LAW IS A MATTER FOR THE CHINESE, AND THE METHOD OF CONVEYING ANY VIEW TO THEM WILL REQUIRE CAREFUL CONSIDERATION. I AM THEREFORE SEEKING HMG'S VIEWS ON HOW WE SHOULD FEED OUR IDEAS TO THE CHINESE AND ON WHETHER HMG SEE ANY MAJOR DIFFICULTY IN INTRODUCING THE NEW SYSTEM (WHATEVER IT MAY BE) BEFORE 1997.

5. YOU WILL NO DOUBT ALSO HAVE NOTICED THAT THERE IS A COMPLETE SECTION ON THE JUDICIARY (SECTION 4 OF CHAPTER IV) IN THE DRAFT STRUCTURE OF THE BASIC LAW RECENTLY PUBLISHED IN THE PRESS. SIMON LI CAN NO DOUBT GIVE YOU THE BACKGROUND AND LET YOU KNOW HOW THE DRAFTING COMMITTEE PLAN TO TACKLE THE DRAFTING OF THIS SECTION.

ENDS.

YOUDE

HONG KONG AGREEMENT : RESTRICTED

LIVITED

HD/HKD

HD/FED

RESEARCH D (FE)

COPIES TO:

MR FIFOOT, LEGAL ADVISERS MR WOOD LEGAL ADVISERS

DEP/HD PUSD

PS/MR RENTON MR WILSON

CONFIDENTIAL