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Hong Kong: The Hong Kong Court of Final Appeal Ordinance*

Published online by Cambridge University Press:  18 May 2017

Frankie Fook-Lun Leung
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Type
Legislation and Regulations
Information
International Legal Materials , Volume 35 , Issue 1 , January 1996 , pp. 207 - 222
Copyright
Copyright © American Society of International Law 1996

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Footnotes

*

[Reproduced from Ord. No. 79 of 1995, English text, pp. A2082-A2133, Hong Kong Legislative Council. The Introductory Note was prepared for International Legal Materials by Frankie Fook-Lun Leung, Lewis, D'Amato, Brisbois & Bisgaard, Los Angeles; Lecturer in Law, Stanford Law School; and I.L.M. Corresponding Editor for Hong Kong. [The Sino-British Joint Declaration on die Question of Hong Kong, which entered into force May 27, 1985, appears at 23 I.L.M. 1366 (1984). The Basic Law of die Hong Kong Special Administrative Region of the People's Republic of China, April 4, 1990, is reproduced at 29 I.L.M- 1511 (1990). [For additional information contact die Legislative Council Secretariat, Legislative Council Building, 8 Jackson Road, Central Hong Kong (tel.: 852 2869 9399, fax: 852 2845-2444).]

References

1 The following is the text of the Agreement: After full consultations, the two sides of the Sino-British Joint Liaison Group have reached the following agreement on die question of die Court of Final Appeal in Hong Kong: (1) The British side agrees to amend the Court of Final Appeal Bill on die basis of die eight suggestions published by die Political Affairs Sub-group of die Preliminary Working Committee of die Preparatory Committee of die Hong Kong Special Administrative Region on 16 May 1995. (2) The Chinese side agrees to die British side amending die Court of Final Appeal Bill to make it clear that section 83P of me Criminal Procedure Ordinance applies in a case where an appeal has been heard and determined by die Court of Final Appeal, and diat diere is dierefore no need for further legislative or odier provisions in relation to die power to inquire into die constitutionality of laws or to provide for ppst-verdict remedial mechanisms. (3) The British side agrees to amend die Court of Final Appeal Bill to include die formulation of “acts of state” in Article 19 of me Basic Law and to provide mat die Court of Final Appeal Ordinance shall not come into operation before 30 June 1997. (4) The Chinese side agrees mat, after me Chinese and British sides reach diis agreement, me legislative procedures for die Court of Final Appeal Bill, on which the two sides have reached a consensus through consultation, will be taken forward immediately to enable diem to be completed as soon as possible before me end of July 1995. The Chinese side will adopt a positive attitude in diis regard. (5) The Chinese and British sides agree mat me team designate of die Hong Kong Special Administrative Region shall, with die British side (including relevant Hong Kong Government departments) participating in die process and providing its assistance, be responsible for the preparation for die establishment of the Court of Final Appeal on 1 July 1997 in accordance widi the Basic Law and consistent widi die provisions of die Court of Final Appeal Ordinance.