TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 72

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is not a binding legal precedent in Hong Kong. Notwithstanding the

judge's ruling, the members of the Kempster Sub-committee still

wanted the proposal for interim declarations against the Crown to be introduced both to provide a form of interim relief against the Crown with general application (the Herbage ruling applies only to judicial review proceedings against Crown officers) and because the validity of the judge's interpretation of the law remains in dispute amongst lawyers. The interpretation of the law made in the Herbage Case will likely be reviewed by an appellate court in the near future. In light of the Herbage Case one alternative may be to postpone consideration of the Kempster Sub-committee recommendation on interim declarations against the Crown until a Hong Kong or English appellate court has ruled whether the decision of the single judge correctly

states the law.

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Comments

41.

before

The Government invites your comments on these matters

1987. Please address your comments to:

22 July 1987

The Solicitor General,

Attorney General's Chambers, Queensway Government Offices, Queensway,

Hong Kong.