TNAG-2625-FCO40-3816-Visit-by-Douglas-Hurd--Secretary-of-State-for-Foreign-and-Co-1992 — Page 64

4. COURT OF FINAL APPEAL

BETTER NO CFA THAN ONE WHICH IS UNSATISFACTORY?

The establishment in Hong Kong of a Court of Final

Appeal, able to continue unchanged after 1997, would be a

real achievement. Its early establishment would enable it

to develop working practices and gain experience while Hong

Kong is still under British administration.

COURT OF FINAL APPEAL AGREEMENT IGNORES THE WISHES of

HONG KONG

-

The agreement was reached with the approval of the

Hong Kong Government, its Executive Council and the

Hong Kong Judiciary. During negotiations with the Chinese, the views of a wide range of people in Hong Kong, including the legal profession, were sought. The importance they attached to continuity was taken into account. We are

confident the agreement reached on the composition of the

CFA is consistent with both the Joint Declaration and the

Basic Law.

WILL HMG RENEGOTIATE THE AGREEMENT AS REQUESTED BY LEGCO?

- The Chinese have made clear they will not reopen

negotiations on the Court of Final Appeal. The choice is

therefore between having a Court of Final Appeal established soon; or not until after 1997, so causing unnecessary uncertainty for Hong Kong's judicial system.

Hope the

Legislative Council will take this into consideration when

the draft legislation is put before them.

KS1ADZ/9