TNAG-2714-FCO40-3920-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 154

basis for our policy. We continue to believe that full implementation of the one country two systems approach set out in the Joint Declaration is the best guarantee of Hong Kong's future stability and prosperity. We have sought a good working relationship with the People's Republic of China over Hong Kong in the interests of a smooth transition for Hong Kong to Chinese sovereignty in July 1997, and a successful future for the new Hong Kong Special Administrative Region (SAR) beyond that. But our relations with China over Hong Kong since 1990 have been dominated by disagreements over two major issues: the airport project in 1991, and again in 1992; and more recently the question of political development. Each is dealt with in more detail below. The Sino-British Joint Liaison Group (the body established by the Joint Declaration as the forum for cooperation in implementing the Joint Declaration) has achieved some useful results, particularly in technical areas, but the pace of work remains disappointingly slow.

Court of Final Appeal

4.

The Committee concluded (paragraph 2:8 of HC 289-1) that confidence in the legal system is a vital prerequisite for social stability, and recommended a Joint Constitutional Court situated in Hong Kong. The Joint Declaration provides for a Court of Final Appeal to be established in Hong Kong to replace the right of appeal to the Judicial Committee of the Privy Council. After lengthy and difficult negotiations lasting some three years, we reached agreement in principle in the Joint Liaison Group in 1991 on the establishment of a Court of Final Appeal in Hong Kong before 1997 in a form which could continue beyond 1997. We believe that this would be a major contribution to the preservation of judicial independence in Hong Kong, as prescribed in the Joint Declaration. The Legislative Council passed a motion in December 1991 criticising one aspect of the agreement (the number of judges from other common law jurisdictions who could be invited to sit on the Court at any time).

select.cttee.PR.JRB

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