TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 65

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

AG:

Xiao Weiyun:

AG:

IV.

12

The court have built up consistent rules and principles which are derived from their interpretation of the

law.

Our system lays great importance on consistency of the law. That enables people to arrange their affairs based on predictable and consistent legal principles.

In order for that system to work the courts have a system of adhering or following previous decisions taken by higher courts. When, for example, the Court of Appeal decides upon a point of law, all judges and magistrates working below the Court of Appeal must follow that

ruling.

In that case, the court judgment illustrates not only principles of the law but is the law itself.

That is correct. The court declares

what the law is when it makes a

decision.

Request for further discussion

A request for an additional session on the application of U.K. statutes in Hong Kong was received on 23 June 1988. The request was acceded to, Mr David Little and Mr Alan Pierce met some

members of the delegation again on 23 June 1988 in Colvin House.

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