TNAG-2714-FCO40-3920-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 32

14-JUL-1993 14:42

TRANSCRIPT

Gallagher

MR ALASTAIR GOODLAD

0491 579838

P.29

SELECT COMMITTEE

H

14 JULY 93

29

MR JOPLING:

You may recall in our previous report that we were concerned about

what would replace the judicial committee of the privy council

after 1997. Could you tell us what is now the state of play in

the negotiations with China on the setting up of a Court of Final

Appeal in Hong Kong? I understand that the Legislative Council

are unhappy, especially about the number of judges from, and I

quote the words from your memorandum, the number of judges from

other common law jurisdictions who could be invited to sit on the

court at any one time. Can you tell us whether you are confident

that the Court of Final Appeal will always make judgments

according to the common law which Hong Kong enjoys now and which

will be the basis under the Joint Declaration, as I understand it,

after 1997, there has always been this anxiety that would the

Court of Final Appeal be using a totally different set of ground

rules to the ones which the normal law is administered in Hong

Kong?

MR GOODLAD:

Perhaps I could start by saying that in our view the agreement

reached with the Chinese at the JLG in November 1991 on the

establishment of the Court of Final Appeal is not inconsistent

with the Joint Declaration, there is advantage in the court being

set up before 1997 so that its procedures and reputation can be

established by the time of the transition. The Hong Kong

government is currently preparing the legislation on the

establishment of the Court of Final Appeal which it will put to