TNAG-1577-FCO40-2150-Hong-Kong-Court-of-Final-Appeal-1986 — Page 9

OCMIAN 3102

CONFIDENTIAL

PP HOKON

FM FCOLN TO HOKON

281400Z APP

GFS 335

CONFIDENTIAL

33102

нии 37013

RECEIVED IN REGISTRY

30 APR 1986

CONFIDENTIAL

FM FCO

DESK OFFICER

REGISTRY

TO PRIORITY HONG KONG

INDEX

PA

Action Taken

TELNO 764

OF 28140OZ APRIL 86

INFO PRIORITY PEKING

-

1

YOUR TELNO 1236: COURT OF FINAL APPEAL

1.

WE AGREE THAT IN THE LIGHT OF PROGRESS IN PEKING OVER THE

DRAFTING OF THE BASIC LAW IT WOULD BE DESIRABLE FOR YOU TO WRITE

TO THE CHIEF JUSTICE AND INVITE HIM TO CONSIDER THE POSSIBLE FORM

OF THE HONG KONG COURT OF FINAL APPEAL. WE ALSO AGREE THAT

THERE WOULD BE STRONG ADVANTAGE IN BRINGING THE NEW APPANGEMENTS

INTO EFFECT SOME YEARS BEFORE 1997 SO LONG AS THIS CAN BE DONE IN

A CONSTITUTIONALLY ACCEPTABLE WAY.

2.

THE FOLLOWING FACTOPS STRIKE US AS THE MOST CRUCIAL ONES (ALTHOUGH YOU MAY NOT FEEL YOU NEED TO REFER TO ALL OF THEM IN

YOUR LETTER TO THE CHIEF JUSTICE):

(A)

(B)

(C)

THE TIMING OF THE ESTABLISHMENT OF A COURT OF FINAL

APPEAL, BEARING IN MIND THE POSSIBLE NEED FOR PRIMARY LEGISLATION TO AMEND THE 1833 JUDICIAL COMMITTEE ACT: THE PELATIVE ADVANTAGES OF ADAPTING YOUR PRESENT TWO-TIER

SYSTEM OF OF ADDING AN ADDITIONAL TIER:

THE POSSIBILITY THAT FOF CONSTITUTIONAL FEASONS IT MIGHT BE CONSIDERED MORE APPROPRIATE HERE FOR THE RIGHT OF

APPEAL FROM HONG KONG TO TNE PRIVY COUNCIL NOT TO BE TOTALLY ABOLISHED BEFORE 1997 (ALTHOUGH ITS SCOPE COULD BE

1

CONFIDENTIAL

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