HL Deb 20 July 1995 vol 566 cc50-2WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

What are the full terms of the agreement between the United Kingdom and the People's Republic of China concerning the Court of Final Appeal in Hong Kong.

Baroness Chalker of Wallasey

The full terms of the agreement between Britain and China concerning the Court of Final Appeal in Hong Kong were published after the agreement was signed on 9 June. They are as follows:

After full consultations, the two sides of the Sino-British Joint Liaison Group have reached the following agreement on the question of the Court of Final Appeal in Hong Kong:

  1. i) The British side agrees to amend the Court of Final Appeal Bill on the basis of the eight suggestions published by the political affairs sub-group of the preliminary working committee of the preparatory committee of the Hong Kong Special Administration Region on 16 May 1995.
  2. ii) The Chinese side agrees to the British side amending the Court of Final Appeal Bill to make it clear that section 83P of the Criminal Procedure Ordinance applies in a case where an appeal has been heard and determined by the Court of Final Appeal, and that there is therefore no need for further legislation or other provisions in relation to the power to inquire into the constitutionality of laws or to provide for post verdict remedial mechanisms.
  3. iii) The British side agrees to amend the Court of Final Appeal Bill to include the formulation of "acts of state" in Article 19 of the Basic Law and to provide that the Court of Final Appeal Ordinance shall not come into operation before 30 June 1997.
  4. iv) The Chinese side agrees that, after the Chinese and British sides reach this agreement, the legislative procedures for the Court of Final Appeal Bill, on which the two sides have reached consensus through consultation, will be taken forward immediately to enable them to be completed as soon as possible before the end of July 1995. The Chinese side will adopt a positive attitude in this regard.
  5. v) The Chinese and British sides agree that the team designate of the Hong Kong Special Administration Region shall, with the British side (including relevant Hong Kong Government departments) participating in the process and providing its assistance, be responsible for the preparation for the establishment of the Court of Final Appeal on 1 July 1997 in accordance with the Basic Law and consistent with the provisions of the Court of Final Appeal Ordinance.

Lord Lester of Herne Hill

asked Her Majesty's Government:

What are the safeguards of the independence of the final court of appeal in Hong Kong against interference by the executive branches of government of the People's Republic of China and of the Special Administrative Region.

Baroness Chalker of Wallasey

The Joint Declaration and the Basic Law provide that the Hong Kong Special Administrative region will be vested with executive, legislative and independent judicial power, including that of final adjudication. They state that "the Courts of the Hong Kong Special Administration Region (HKSAR) shall exercise judicial power independently, free from any interference." They also make specific provisions for the appointment of all judges of the HKSAR on the basis of their judicial and professional qualities and for their removal only for inability to discharge their duties or for misbehaviour. The 9 June agreement on the Court of Final Appeal is entirely in accordance with the Joint Declaration and the Basic Law and provides for a proper court of final appeal to be set up on 1 July 1997.