TNAG-2599-FCO40-3787-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 99

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

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Kong's economy and the many opportunities that still exist there,

especially for people in the business, professional and service sectors.

THE SINO-BRITISH JOINT LIAISON GROUP

Since the Joint Declaration came into effect in 1985, Britain and China

have conducted discussions on Hong Kong's future through the Joint Liaison

Group. There is much that the JLG needs to do. All discussions so far

have been held behind closed doors. The Hong Kong public is excluded, as

are their representatives in the Legislative Council. The Joint

Declaration provides that the proceedings of the JLG shall remain

confidential unless otherwise agreed between the two sides.

So it is open

for them to agree to waive confidentiality on suitable occasions or

issues.

However, requests by the Legislative Council to be consulted on

issues to be discussed have not been met. Hong Kong people are still not

given a voice on these crucial matters despite the fact that it is their

future that is at stake.

This has led to problems such as the agreement between Britain and China

over the setting up of a Court of Final Appeal. Such a court, to replace

the Privy Council, was provided for in the Joint Declaration. Both the

Joint Declaration and the Basic Law say that the Court of Final Appeal

"may as required invite judges from other common law jurisdictions to sit

on the Court of Final Appeal." It was to be up to the Court to decide

when to invite overseas judges, whom to invite and how many to invite.

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