TNAG-2333-FCO40-3394-Future-of-Hong-Kong-Hong-Kong-Court-of-Final-Appeal-Hong-Ko-1991 — Page 114

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 24120OZ FCO

TELNO 262

OF 24110OZ JANUARY 91

HKC370/8

152477

MDHIAN 0428

TOP CUPY

Q DIST?

29 JAN 1991

Ra

RM 24/1

PERSONAL FOR PAUL HKD FROM GOVERNOR

ނ

YOUR TELNO 163: UK LEGISLATIVE PROGRAMME 1991/1992 : COURT OF FINAL APPEAL

1. I AM ANXIOUS, IF POSSIBLE, TO SEE THE COURT OF FINAL APPEAL ESTABLISHED IN 1992. THIS TARGET IS STILL ACHIEVABLE. THE ONLY OUTSTANDING ISSUE IS THE NUMBER OF OVERSEAS JUDGES WHO MAY SIT IN THE COURT. WITH SOME HARD EFFORT WE SHOULD BE ABLE TO RESOLVE THIS OVER THE NEXT FEW MONTHS.

2. THE VIEW WE HAVE TAKEN SO FAR IS THAT THE COURT SHOULD BE

ESTABLISHED AT LEAST FOUR YEARS BEFORE THE TRANSFER OF SOVEREIGNTY, I.E. BY MID 1993, TO ALLOW A SUFFICIENT RUNNING IN PERIOD. WE COULD JUST MEET THIS DEADLINE IF UK LEGISLATION WAS ENACTED VERY EARLY IN THE 1992/93 SESSION. BUT IT WOULD NOT MAKE SENSE TO CUT THINGS SO FINE.

2. I AGREE WITH THE ARGUMENTS IN PARA 4 OF TUR. IT WOULD BE DAMAGING IF FAILURE TO PASS LEGISLATION IN THE UK WAS THE CAUSE

OF HOLDING UP IMPLEMENTATION OF AN IMPORTANT ELEMENT IN THE

ARRANGEMENTS THAT NEED TO BE PUT IN PLACE BEFORE 1997. UP TO NOW, VIRTUALLY ALL DELAYS ON IMPORTANT ISSUES HAVE BEEN THE FAULT OF THE CHINESE. IT WOULD BE HIGHLY EMBARRASSING IF, ON THIS ISSUE, DELAY WAS DUE TO A DELIBERATE DECISION BY HMG. SEEN FROM HERE, IT IS DIFFICULT TO SEE HOW THE LEGISLATION IS LIKELY TO BE CONTROVERSIAL. I AGREE THAT WE SHOULD DO EVERYTHING POSSIBLE TO ENSURE THAT THE LEGISLATION IS INCLUDED IN THE 1991/92 PROGRAMME.

WILSON

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