TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 29

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 923

OF 07040OZ JUNE 93

CONFIDENTIAL

MA Judiciaro

ма

BP 1816.373/1

INFO ROUTINE PEKING, UKREP JLG HONG KONG

134403

MDLIAN 7446

(25)

Misi Pari or

To note x

7/6

علم

COURT OF FINAL APPEAL (CFA).

1.

THERE HAS BEEN RENEWED PUBLIC INTEREST IN HONG KONG ABOUT THE CFA, SPARKED OFF BY A SPEECH MADE, IN MAY, BY MICHAEL THOMAS URGING EARLY ESTABLISHMENT OF THE CFA ON THE BASIS OF THE JLG MODEL. THOMAS'S VIEW APPEARS TO BE SHARED BY THE MORE PRAGMATIC MEMBERS OF THE LEGAL PROFESSION WHO APPRECIATE THE URGENT NEED TO ESTABLISH THE CFA AND WOULD PREFER SETTLING FOR THE JLG MODEL. HOWEVER, FEW OF THEM ARE YET PREPARED TO SPEAK UP PUBLICLY ON THIS CONTROVERSIAL ISSUE.

2.

PUBLICLY, THE LEGAL PROFESSION, AS REPRESENTED BY THE BAR ASSOCIATION AND LAW SOCIETY, IS STILL MAINTAINING ITS STANCE FOR A MORE FLEXIBLE COMPOSITION OF THE CFA. THE CHAIRMAN OF THE BAR ASSOCIATION HAS MADE IT CLEAR THAT SHE REMAINS OPPOSED TO THE JLG MODEL, AND THE LAW SOCIETY HAS ALSO CONFIRMED THERE IS NO CHANGE IN ITS STANCE. NEVERTHELESS, IT IS QUITE POSSIBLE THAT THE PROFESSION'S PUBLIC POSITION MAY BE SOFTENED AS THE TIME AVAILABLE FOR THE ESTABLISHMENT OF THE CFA BEFORE 1997 RUNS OUT.

3.

LEGCO'S MOOD IS MORE OBSCURE. AGAIN, WHILE SOME MEMBERS MIGHT NOW WANT TO ACCEPT THE JLG MODEL, FEW WOULD ACTUALLY WISH TO RETREAT, PUBLICLY, FROM LEGCO'S PREVIOUS SUPPORT FOR A MORE FLEXIBLE ARRANGEMENT. INDEED, ALLEN LEE WAS REPORTED TO HAVE JUST WRITTEN TO THE CHINESE SUGGESTING FLEXIBILITY OVER THE NUMBER OF OVERSEAS JUDGES SITTING ON THE CFA. IT IS UNLIKELY THAT LEGCO'S STANCE WOULD CHANGE UNLESS THE LEGAL PROFESSION REVERSES ITS POSITION.

4.

MANAGEMENT OF THE LEGAL PROFESSION AND LEGCO ASIDE, WE CONSIDER IT APPROPRIATE TO RE-ACTIVATE PREPARATORY WORK RELATED TO THE ESTABLISHMENT OF THE CFA. AS A FIRST STEP, WE SHALL SEEK EXCO'S ADVICE, IN JULY, ON A FEW OUTSTANDING POLICY ISSUES TO ENABLE US TO FINALISE THE DRAFTING INSTRUCTIONS FOR THE CFA BILL. THE DRAFTING OF THE BILL THAT FOLLOWS COULD TAKE A WHILE AND THE SUBSEQUENT DISCUSSIONS WITH THE CHINESE WOULD BE EVEN MORE TIME-

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CONFIDENTIAL