TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 36

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CONFIDENTIAL

The Legal Adviser

FROM:

PF Ricketts

DATE:

CC:

Hong Kong Department

20 August 1993

Miss Brooks, Legal Counsellor Mr Chamberlain o/r

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HUA 373/1

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HONG KONG:

JUDICIAL ISSUES

1. Many thanks for your minute of 19 August.

2.

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On the Court of Final Appeal, I think Mr Edwards may have given you a slightly exaggerated impression of the speed at which this issue is likely to move. The issue was discussed in a telegram from Hong Kong on judicial issues of 19 July (copy attached: Miss Brooks received a copy at the time). We have now just received a copy of an ExCo memorandum setting out the position in greater detail (copy also attached: you might wish to pass this to Miss Brooks). you will see, work is proceeding slowly on drafting the necessary Hong Kong legislation to give effect to our agreement with China on establishing a CFA. That is likely to take some time. After it is completed, it will be necessary to hold consultations with the Chinese and the legal profession before introducing the Bill into LegCo. Both these hurdles could be awkward.

3. My own guess is that it could be some time in 1995 before legislation is passed in Hong Kong. We are very conscious of the need for primary legislation in the UK. It is a question for consideration whether this legislation should be introduced here before the Hong Kong legislation has been enacted. My own view is that it would help to minimise the sort of parliamentary difficulties which you envisage if the Hong Kong legislation had already passed there. If that is accepted, I do not see that we need be worried about Hong Kong moving ahead at whatever pace they judge right with their own legislation. We shall have plenty of notice of its passing in Hong Kong in order to start seeking a place in the legislative programme for the UK Bill.

4.

That said, I agree that there will be a tendency in Hong Kong to assume that once their own legislature process

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CONFIDENTIAL