TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 56

or decision

14 August 1987

CONFIDENTIAL

XCC (87) 116 32

Copy No..

•

MEMORANDUM FOR EXECUTIVE COUNCIL

DISCUSSION PAPER ON

AGAINST

INTERIM DECLARATIONS

THE CROWN

The Problem

On 12 June 1987, after considering XCR (87) 86 Council advised and the Governor ordered that

<<

(a)

the Supreme Court (Amendment) Bill 1987, as amended in accordance with the should be

(b)

(c)

Council's instructions, introduced into the Legislative Council;

that a paper should be prepared setting out the case for and against the proposal of the Kempster Sub-committee that the Court should be

be empowered to make interim declarations against the Crown as a basis for discussion with the legal professions, the Judiciary, other persons with an interest; and

that the decision at (b) should included in a press release publication of the Bill.

and

be

on

Ω Ο

ល

2

The Supreme Court (Amendment) Bill 1987 was introduced into the Legislative Council on 24 June 1987. In moving the second reading of the Bill the Attorney General told the Legislative Council of the Government's decision Tstated in paragraph 1(b)) and said that a discussion paper "would soon be made available". A press release in similar

terms was also released.

(Annex A).

4

CH

A draft discussion

paper has now been prepared

The draft discussion paper was considered and cleared by the Legal Affairs Policy Group of the Chief Secretary's 'Committee (the LAPG) on 27 July 1987. The LAPG nevertheless considered that the draft discussion paper should be submitted to the Council to enable the Council to consider its content, the proposed consultation programme and concerns expressed by the meeting.

Political Adviser at the LAPG

3

A

U

CONFIDENTIAL