TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 92

OCMIAN 3356

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OO HOKON

FM FCOLN TO HOKON

1111309Z MAY

GRS 250

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Seb 28

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FM FCO

TO IMMEDIATE HONG KONG

TELNO 1280

OF 111130Z MAY 87

AND TO IMMEDIATE UKDEL STRASBOURG

INFO PRIORITY PEKING

HAA 373

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12 MAY 1007

FROM HKD

(STRASBOURG FOR EXFOOT, DEPUTY LEGAL ADVISER, VISITING) YOUR TELNO 1779 THE JUDICIARY

1.

THE APPROACH IN TUR SEEMS TO US TO BE ON THE RIGHT LINES.

WE FEEL IT IS PRESENTATIONALLY IMPORTANT, HOWEVER, THAT OUR PLANS SHOULD BE DESCRIBED TO THE CHINESE IN TERMS OF

THE PRACTICAL NEED FOR LOCALISATION RATHER THAN AS A

DEVELOPMENT WITH IMPLICATIONS OF SIGNIFICANT CONSTITUTIONAL

CHANGE.

2.

IN PARTICULAR, IN VIEW OF DENG XIAOPING'S RECENTLY-EXPRESSED RESERVATIONS ABOUT STRICT SEPARATION OF POWERS

ON THE US MODEL, WE WONDER WHETHER THE EXPRESSIONS QUOTE DISTANCING THE JUDICIARY FROM THE CIVIL SERVICE UNQUOTE (PARA 2(A) OF TUR) AND QUOTE ENHANCE THE INDEPENDENCE OF THE JUDICIARY UNQUOTE (PARA 3 OF TUR) SHOULD NOT BE RE-PHRASED. SOMETHING

ALONG THE LINES OF QUOTE THE NEED TO GIVE CLEARER PUBLIC

EXPRESSION TO THE IMPORTANT PRINCIPLE THAT THERE SHOULD BE NO

INTERFERENCE WITH THE JUDICIARY BY THE EXECUTIVE UNQUOTE MIGHT BE

1

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