TNAG-1826-FCO40-2594-Hong-Kong-courts-and-legal-system-1988 — Page 74

FINANCIAL AND STAFF IMPLICATIONS

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As noted in paragraph 18 of memorandum XCX(86)31 there are no appreciable financial or staffing implications.

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PUBLIC REACTION

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There has been periodic media interest in the provisional agreement. Immediately following the Chief Justice's return from China, the question was raised as to whether it was appropriate for the judiciary, as opposed to the executive, to enter into a cross border agreement. Formal announcement of the agreement could revive media interest in this aspect. There has not been any discernible reaction from the public at large. However, if people are prohibited from travelling out of China or forcibly brought before a Court there, the Hong Kong Authorities might be criticised for lending assistance at

lending assistance at the early stage which leads to such steps. There may also be criticism that the Explanatory Note is insufficient, in that it does not explain what may transpire if a Hong Kong party goes to China.

PUBLICITY

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If the provisional agreement is confirmed and implemented, it is considered advisable to issue a short press release that the Chief Justice has reached a practical working arrangement with the Guangdong Courts, and a Judiciary spokesman made available to meet requests for TV and radio interviews.