TNAG-2617-FCO40-3808-Visit-by-Lord-Caithness--Minister-of-State-for-Foreign-and-C-1992 — Page 37

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In

Court of Final Appeal is in Hong Kong's best interests. this way it can establish working practices, gain experience

while Hong Kong is still under British Administration.

Tit

And

is simply not true to suggest that Hong Kong judges are

not of sufficiently high calibre to form the Court: the fact

that in 1990 fewer Hong Kong judgements were overturned by

the Privy Council than English judgements, demonstrates

clearly the quality of Hong Kong judges.

Some people have suggested that the Court of Final Appeal

Agreement was imposed on Hong Kong over the heads of the

Hong-Kong-Government and people. What-nonsense! /The agreement in the JLG was made with the approval of the Hong

Kong Government, its Executive Council and the Hong Kong judiciary. The legal profession was consulted at various

points.

It is right that the British Chamber have taken an interest

in this issue. It is crucial that business has confidence

in the judiciary. The agreement reached in the JLG is not

ideal - no agreement reached after five years of

negotiation ever is. But when you see the full draft legislation later this year, I think you will agree that judicial independence is safeguarded.

Negotiations in the JLG will always involve give and take. But is is a vital process if the general provisions of the

Joint Declaration are to be flushed out onto practicial

arrangements to ensure Hong Kong's continued way of life.

Airport Agreement

We had another long and tough negotiation to secure the sort of agreement with the Chinese that was in Hong Kong's

Interests.

I would like to say a few words about

H

The agreement which the Prime Minister signed in Peking last September/means that Hong Kong will have the airport it

JM1ABU/5

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means