OFFICIAL RECORD OF PROCEEDINGS
Saturday, 24 May 1997
The Council met at half past Nine o'clock

MEMBERS PRESENT:

THE PRESIDENT

THE HONOURABLE MRS RITA FAN, J.P.

THE HONOURABLE WONG SIU-YEE

THE HONOURABLE HO SAI-CHU, J.P.

THE HONOURABLE EDWARD HO SING-TIN, J.P.

DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P.

THE HONOURABLE NG LEUNG-SING

PROF THE HONOURABLE NG CHING-FAI

THE HONOURABLE LEE KAI-MING

THE HONOURABLE ALLEN LEE, J.P.

THE HONOURABLE MRS ELSIE TU

THE HONOURABLE MRS PEGGY LAM, J.P.

THE HONOURABLE HENRY WU

THE HONOURABLE NGAI SHIU-KIT, J.P.

THE HONOURABLE RONALD ARCULLI, J.P.

DR THE HONOURABLE MRS TSO WONG MAN-YIN

THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, J.P.

THE HONOURABLE MOK YING-FAN

THE HONOURABLE HUI YIN-FAT, J.P.

THE HONOURABLE CHAN CHOI-HI

THE HONOURABLE CHAN YUEN-HAN

THE HONOURABLE CHAN WING-CHAN

THE HONOURABLE CHAN KAM-LAM

THE HONOURABLE TSANG YOK-SING

THE HONOURABLE CHENG KAI-NAM

THE HONOURABLE FREDERICK FUNG KIN-KEE

THE HONOURABLE ANDREW WONG WANG-FAT, J.P.

THE HONOURABLE HOWARD YOUNG, J.P.

DR THE HONOURABLE CHARLES YEUNG CHUN-KAM

THE HONOURABLE YEUNG YIU-CHUNG

THE HONOURABLE IP KWOK-HIM

THE HONOURABLE CHIM PUI-CHUNG

THE HONOURABLE BRUCE LIU SING-LEE

THE HONOURABLE LAU KONG-WAH

THE HONOURABLE LAU WONG-FAT, J.P.

THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P.

THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P.

THE HONOURABLE CHOY KAN-PUI, J.P.

THE HONOURABLE PAUL CHENG MING-FUN, J.P.

THE HONOURABLE CHENG YIU-TONG

DR THE HONOURABLE TANG SIU-TONG, J.P.

THE HONOURABLE KAN FOOK-YEE

THE HONOURABLE NGAN KAM-CHUEN

THE HONOURABLE LO SUK-CHING

DR THE HONOURABLE LAW CHEUNG-KWOK

THE HONOURABLE MARIA TAM WAI-CHU, J.P.

THE HONOURABLE TAM YIU-CHUNG, J.P.

MEMBERS ABSENT:

THE HONOURABLE JAMES TIEN PEI-CHUN, J.P.

THE HONOURABLE DAVID CHU YU-LIN

THE HONOURABLE ERIC LI KA-CHEUNG, J.P.

DR THE HONOURABLE DAVID LI KWOK-PO, J.P.

THE HONOURABLE MRS SELINA CHOW, J.P.

THE HONOURABLE HENRY TANG YING-YEN, J.P.

THE HONOURABLE YUEN MO

THE HONOURABLE MA FUNG-KWOK

THE HONOURABLE CHEUNG HON-CHUNG

THE HONOURABLE LEUNG CHUN-YING, J.P.

DR THE HONOURABLE LEONG CHE-HUNG, J.P.

DR THE HONOURABLE PHILIP WONG YU-HONG

THE HONOURABLE KENNEDY WONG YING-HO

THE HONOURABLE TIMOTHY FOK TSUN-TING

CLERK IN ATTENDANCE:

MS PAULINE NG MAN-WAH

CLERK TO THE PROVISIONAL LEGISLATIVE COUNCIL

MOTION

PRESIDENT (in Cantonese): Good morning, Honourable Members. We will now start the meeting. First of all, the motion on the "Appointment of the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region". Secretary for Justice.

SECRETARY FOR JUSTICE (in Cantonese): Madam President, I move the motion standing in my name on the Revised Agenda, that is: That this Council is in support of the proposal to appoint Mr Andrew LI K N as the Chief Justice of the CFA of the Hong Kong Special Administrative Region (SAR).

On 1 July 1997, upon the establishment of the Court of Final Appeal, Hong Kong will, for the first time in its history, have its own highest appellate court in its territory. To ensure a smooth transition for the Judiciary, preparations are in hand to establish the court, a prime task being the appointment of the Chief Justice of the CFA.

The Legal Requirements

The procedure of appointing the Chief Justice, Judges and other members of the Judiciary are set out in the Basic Law. Article 88 states that the "Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors." In the case of the appointment of the Chief Justice and Judges of the Court of Final Appeal and the Chief Judge of the High Court, Article 90 further obliges the Chief Executive to obtain the endorsement of the Legislative Council and report the appointment to the Standing Committee of the National People's Congress for the record.

The Basic Law's provisions are mirrored in our domestic legislation. Under the Judicial Officers Recommendation Commission (JORC) Ordinance, the JORC is tasked to make recommendations to the Chief Executive on judicial appointments, including the appointment of the Chief Justice of the CFA.

In April this year, the Chief Executive appointed, with effect from 1 July for a two-year term, Members of the JORC. The composition of the JORC fully complies with Article 88 of the Basic Law and the relevant provisions of the JORC Ordinance. Although their appointments will not take effect until 1 July 1997, members of the JORC recognize that preparatory work has to be done before 1 July 1997 in order to ensure the timely establishment of the SAR Judiciary. To facilitate a smooth transition for the Judiciary, the JORC decided to undertake some preparatory work prior to 1 July. The first task of the JORC is to make recommendations to the Chief Executive in respect of the appointment of the Chief Justice of the CFA.

In the past weeks, the JORC met a number of times to consider the selection of the Chief Justice. Mindful that there was no precedent in Hong Kong, the JORC approached its task in a conscientious, thorough and methodical fashion. In the course of its deliberations:

- The JORC has considered over 140 people who possess the qualifications laid down in section 12 subsections (1) and (2) of the Hong Kong Court of Final Appeal Ordinance. These included serving Justices of Appeal, serving High Court Judges, barristers who have practised as a barrister or solicitor in Hong Kong for at least 10 years (including those in private practice or working for the Legal Department), retired Chief Justice, retired Justices of Appeal and retired judges of the High Court who qualify under the terms of the Basic Law.

- Members canvassed the views of senior members of the Judiciary and the professions to gauge their perception of the qualities of the Chief Justice of the CFA as well as their assessment on the candidates.

- When canvassing such views, no precondition was made on what people could say and who they could support. Full consideration was given to the views obtained.

- Members also considered information and materials provided by the candidates themselves.

- There had been a systematic narrowing of choice in considering the candidates at successive meetings.

- Members also took time to reflect on the views obtained.

- In the end, members relied upon their own assessments and made up their own minds. In this respect, it is worth pointing out that members' views coincided with the main drift of the views they obtained and that their final recommendation was by unanimous votes.

Appointment Criteria

The criteria for judicial appointments are clearly set out in the Basic Law, Article 92 of which states that Judges of the SAR shall be chosen on the basis of their judicial and professional qualities. Article 90 further stipulates that the Chief Justice of the CFA shall be a Chinese citizen who is a permanent resident of the SAR with no right of abode in any foreign country.

In its selection process, based on feedback from the senior members of the Bench and the professions, the JORC has amplified the qualities for judicial appointment to embrace the following:

- personal qualities of honesty, integrity, industry, independence and intellectual capacity;

- outstanding competence as a lawyer and the ability to project a sense of professional excellence;

- judicial qualities of mastery of facts and law, clear, concise and convincing expression and the ability to develop the law consistently with principle and practical needs;

- vision, drive and leadership qualities which will set a clear direction for the Judiciary;

- the ability to work with people and to engender respect and trust from members of the Judiciary and the legal profession so that together with them he could lead the development of the Court of Final Appeal and the legal system to achieve the necessary local and international respect.

Independence of the JORC

I wish to take this opportunity to state publicly and for the record that the JORC has operated completely independently throughout the selection process. To prevent any possible suggestion of interference in the process of judicial appointments, I decided not to, and in fact did not, exercise my right to nominate candidate at any stage of the proceedings, nor did any of the lay members nominate any candidate. Indeed I believe that speculations on the possibility of interference or undue influence had been very effectively and spectacularly quashed by the unanimity of vote of the JORC.

I cannot stress too strongly the determination of the Chief Executive and the executive branch of the Government to respect and uphold the independence of the Judiciary and the rule of law in Hong Kong. In turn, we expect the legislative branch of the Government to do the same.

The JORC's Recommendation

The JORC has informed the Chief Executive that the recommendation it will be making on 1 July 1997 will be that Mr LI be appointed Chief Justice of the CFA of the SAR. In the event that the JORC so recommends on 1 July 1997, the Chief Executive has decided that he will exercise the constitutional duty imposed upon him by Article 88 of the Basic Law and appoint Mr LI as Chief Justice of the CFA of the SAR. A curriculum vitae of Mr LI has already been supplied to Members.

To have the Chief Justice and the Judges of the Court of Final Appeal in place on 1 July 1997, it is essential that a number of procedural steps be taken on that day. To ensure that these steps could be successfully taken within the time constraints, it is necessary to obtain in advance a firm indication from this Council of its intentions as to the endorsement of Mr LI as Chief Justice of the CFA of the SAR. I stress that as the relevant Ordinances on the appointment of the Chief Justice do not come into effect until 1 July 1997, all preparatory work that is being undertaken now is no more than just that. Due process of appointment will have to take place on 1 July 1997.

Role of the Legislative Council

The principle of judicial independence is an important and necessary condition for the rule of law in Hong Kong.

Article 90 of the Basic Law requires the Chief Executive to obtain the endorsement of the Legislative Council on the few most senior judicial appointments, namely, that of the Chief Justice and Judges of the Court of Final Appeal and the Chief Judge of the High Court. This Article seeks to confer on the legislature a residual power of veto to ensure the JORC will not make any outrageous decision and that the Basic Law process regarding judicial appointments has been followed.

I would suggest to Members that the provision for endorsement by this Council made by Article 90, in conjunction with only a report for the record to the Standing Committee of the National People's Congress, is intended to reiterate the high degree of autonomy entrusted to the SAR.

Against this background, I urge that in complying with the constitutional requirement for endorsement of judicial appointments, the Legislative Council should be mindful of the cardinal principle of independence of the Judiciary. Unless the JORC has acted irrationally, any attempts to vet appointees would be seen as attempts to politicize judicial appointments or to subjugate the Judiciary to the legislature. This will send very negative messages about Hong Kong's determination to uphold the rule of law.

The Chief Justice of the CFA is an important post. As the head of the SAR Judiciary, the Chief Justice will lead the Judiciary into the next century. As I have outlined earlier, the JORC has discharged its duties independently, conscientiously and thoroughly. By a unanimous vote, it has recommended that Mr LI is the best qualified candidate for appointment as the Chief Justice of the CFA. The Chief Executive has accepted the JORC's recommendation and through me, seeks Members' endorsement in principle of the appointment of Mr LI as the Chief Justice of the CFA.

I recommend the motion to Members.

PRESIDENT (in Cantonese): I now propose the question to you and that is: That this Council is in support of the proposal to appoint Mr Andrew LI K N as the Chief Justice of the CFA of the SAR. Council shall now proceed to debate. Does any Member wish to speak? Mr CHAN Wing-chan.

MR CHAN WING-CHAN (in Cantonese): Thank you, Madam President. Madam President, I am glad that the Provisional Legislative Council deliberates the motion relating to the appointment of the Chief Justice of the CFA of the SAR today.

The Sino-British Joint Liaison Group reached an agreement on the CFA on 9 June 1995, and the Legislative Council adopted the agreement in July of the same year. If the motion on the appointment of the Chief Justice of the CFA is successfully carried in the Council today, the preparatory work for the establishment of the CFA can be carried out immediately.

It can be said that, from today onwards, Hong Kong will have its own CFA of which the office of the Chief Justice will be assumed by Hong Kong people. With the establishment of the CFA, the final judgement of whatever cases heard in Hong Kong will be made in a court or the CFA in Hong Kong. In this case, unlike the current practice, appeals against the decisions on some cases no longer have to be heard by the Privy Council of the United Kingdom or in Beijing.

The establishment of the CFA embodies to a great extent the spirit of "one country, two systems", "Hong Kong people ruling Hong Kong" and "a high degree of autonomy".

The JORC (Designate) gradually narrowed down the number of candidates from over 140 on the preliminary list to eight on the final list which includes Justices of Appeal and Queen's Counsels. In the end, Mr LI is selected as the first Chief Justice of the CFA of the SAR, and it can be said that "talent shows itself".

The media even described the selection of Mr LI as "a choice to be rejoiced over".

Hong Kong people from all walks of life, especially those from the legal professions including members of the Hong Kong Bar Association and the Law Society of Hong Kong, welcome and support the selection of Mr LI.

Some persons from the legal profession point out that this is a piece of "good news": the Acting Chief Justice the Honourable Justice Power V P issued a statement expressing his gratification and support of the selection of Mr LI on behalf of the colleagues of the Judiciary. He also said that members of the Judiciary will definitely give Mr LI full support after he takes office on 1 July.

All of the above show that Hong Kong people and people from all walks of life, especially those from the legal profession, have great expectation of and give support to the CFA.

I hope that Mr LI will, with his "outstanding competence and excellent performance", take charge of the JORC as soon as possible so as to recommend the Chief Judge of the High Court and to prepare for the establishment of the CFA. I further hope that Mr LI will work hand in hand with the Judiciary and persons from the legal profession in leading the SAR Court of Final Appeal and in actuating the development of the legal system with a view to achieving local and international reputation and respect.

Madam President, today Members of this Council scrutinize the motion relating to the appointment of the Chief Justice of the CFA of the SAR and in the future we shall scrutinize and pass a lot of indispensable and important bills during the period, this makes me feel all the more that the functions of this Council are important and essential.

With these remarks, Madam President, I support the motion. Thank you, Madam President.

PRESIDENT (in Cantonese): Mr Bruce LIU.

MR BRUCE LIU (in Cantonese): Madam President, ever since the JORC has made its recommendation of appointing Mr Andrew LI as the Chief Justice of the CFA of the SAR, positive responses and high expectations prevail in the Hong Kong community. The Hong Kong Association for Democracy and People's Livelihood (ADPL) hopes that Mr LI will not let the community down and that he can be a Chief Justice of the CFA who is perfectly impartial and has a pioneering spirit.

First of all, we hope that Mr LI can be impartial so that he, as the Chief Justice of the CFA of the SAR, can safeguard impartially the rule of law in Hong Kong and endeavour to maintain the existing judicial justice and independence in Hong Kong. If Hong Kong retrogrades from a society ruled by law to a society ruled by man, "one country, two systems" will melt into thin air. The rule of man will destroy the existing tradition of the rule of law and lifestyle, while both local and foreign investors will be scared away and thus undermining Hong Kong's prosperity and stability. Therefore, the Chief Justice has to try his best to resist pressures from all sides and uphold the rule of law in Hong Kong independently with the initiative in his own hands. What worry Hong Kong people most are a lawless state, incompliance with the laws, and the loose enforcement of the laws. I also hope that Mr LI can become an authentic "Judge LI" who is perfectly impartial.

Secondly, the Chief Justice has to have a pioneering spirit. After China has restored its sovereignty over Hong Kong and the SAR has been established, Hong Kong shall be vested with independent judicial power and the power of final adjudication. The constitutional and judicial systems of Hong Kong will face certain changes after 1997. After the Chief Justice of the CFA has taken office, he has to have a pioneering spirit which would overcome every difficulty to achieve some very important tasks, including the thorough implementation of the enactment of bilingual laws.

Thirdly, on the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong", the Chief Justice has to safeguard the independent judicial system of the SAR and continue to practise the common law system which is different from the legal system of the Mainland.

Fourthly, the Chief Justice has to exercise fairly the power of interpreting the provisions of the Basic Law concerning the scope of the autonomy of the SAR vested in the SAR courts by the Standing Committee of the National People's Congress.

Lastly, I hope that the Secretary for Justice can explain to this Council or the public in her reply later whether Mr LI is in full compliance with the nationality requirement stipulated in Article 90 of the Basic Law as of today when this Council votes on the motion. Since it is prescribed in Article 90 of the Basic Law that the Chief Justice of the CFA of the SAR shall be a Chinese citizen who is a permanent resident of the SAR with no right of abode in any foreign country, I hope that the Secretary for Justice will answer this question later.

With these remarks, Madam President, I support the motion on behalf of the ADPL.

PRESIDENT (in Cantonese): Mr Allen LEE.

MR ALLEN LEE (in Cantonese): Madam President, I welcome and support the appointment of Mr LI as the Chief Justice of the CFA of the SAR on behalf of the Liberal Party. Mr LI and I have known each other for a long time. I first met him in May 1982 when we went to Beijing to reflect people's opinions before the negotiations on Hong Kong's future unrolled. The Mr LI I know is a very outstanding lawyer and a man of integrity and impartiality. So while he enjoys a lofty status in the legal profession, his appointment is also a sign of Hong Kong's resolution to safeguard judicial independence. I have recently visited some foreign countries including the United States and Canada, and I found that a lot of people there were concerned about the judicial independence and the rule of law in Hong Kong in the future. I believe that the appointment of Mr LI is not only widely welcomed in Hong Kong but it also shows the status and reputation he enjoys internationally. Therefore, I support the appointment of Mr LI without reserve.

These are my remarks.

PRESIDENT (in Cantonese): Ms Maria TAM.

MS MARIA TAM (in Cantonese): Madam President, I shall support the motion moved by the Secretary for Justice. I feel that today is a great day in the history of the reunification of Hong Kong with China. When the Central Government formulated the policy of "one country, two systems" for restoring its sovereignty over Hong Kong, many people thought that the economic strength of Hong Kong was strong enough to make it a goose that lays golden eggs. Being the lucky few who had the opportunity to take part in the drafting of the Basic Law, we know very clearly that although the provisions concerning the CFA and the appointment of the Chief Justice of the CFA are fewer than those on external or economic affairs, the essence of these provisions is actually regard highly by the Central Government. Therefore, other than the establishment of the CFA, the present judicial system and the laws of Hong Kong are also kept unchanged. In the speech of the Secretary for Justice just now, I found a sentence that I agree wholeheartedly to, that is: our first Chief Justice of the CFA will lead our judicial system into the 21st century.

Article 8 of the Basic Law states that the laws previously in force in Hong Kong shall be maintained except for any that contravene the Basic Law. Recently the Standing Committee of the National People's Congress passed a resolution on how to deal with the existing laws of Hong Kong during the transition. The third paragraph of the resolution states that: in Hong Kong, the interpretation of laws in the future will have to undergo appropriate adaptations, changes and amendments so as to make them conform to the status of Hong Kong as a special administrative region after its reunification with China. From this we can see that the Judges of our CFA will definitely be the most authoritative interpreters of the laws, ordinances, precedents and regulations concerning a high degree of autonomy to be exercised by Hong Kong.

On the other hand, Article 158 of the Basic Law lays down restrictions on the power of judicial interpretation and jurisdiction. The Hong Kong Court of Final Appeal has the right to interpret on its own the provisions within the limits of a high degree of autonomy of the SAR, and may also interpret other provisions of the Basic Law. However, if the courts of the SAR need to interpret the provisions of the Basic Law concerning national defence or Central administration, an interpretation of the relevant provisions has to be sought from the Standing Committee of the National People's Congress through the CFA. From this we can see that, the heavy responsibility of mixing the common law system that has been practised in Hong Kong and the requirements of the Basic Law to adapt to the new state of affairs in Hong Kong falls eventually on the Judges of the CFA, especially the Chief Justice.

I profoundly believe that Mr LI has the ability, the virtue, the experience and the integrity to safeguard the high degree of autonomy and the tradition of the rule of law in Hong Kong. The CFA, in particular its Chief Justice, will be trusted by both the man in the street and the transnational corporations when they seek final judgement upon exercising their rights or determining the limits of laws in the courts. Yesterday we passed the judges' oath in Beijing. The oath reads: "A judge", especially the Chief Justice of the CFA who has to vow with the following terms, shall "safeguard the legal system, uphold justice and serve the Hong Kong Special Administrative Region with a fearless, impartial, selfless and honest spirit." I doubtlessly believe that Mr LI is capable of shouldering this great responsibility. These are my remarks.

PRESIDENT (in Cantonese): Mr Ambrose LAU.

MR AMBROSE LAU (in Cantonese): Madam President, the Hong Kong Progressive Alliance (HKPA) supports and welcomes the decision of the Chief Executive to accept the recommendation to be made by the JORC on 1 July to appoint Mr LI as the Chief Justice of the CFA of the SAR.

The appointment of the Chief Justice of the CFA of the SAR is made in accordance with the Sino-British agreement over the CFA on 9 June 1995 which specifies that the appointment must be endorsed by the Provisional Legislative Council. This both confirms the status of the Provisional Legislative Council and reflects the spirit of "Hong Kong people ruling Hong Kong".

We are of the opinion that an early announcement by the Chief Executive of the nomination of the Chief Justice of the CFA would have a positive effect in emphasizing that Hong Kong will move towards real judicial independence.

The HKPA considers that the greatest significance of the announcement of the nomination of the Chief Justice of the CFA lies in showing that the SAR will enjoy real judicial independence. After 1 July, Hong Kong will for the first time in its history have its own Court of Final Appeal. Being such a small place, Hong Kong is singularly fortunate to be able to have a highest independent judicial authority ─ a fact which indicates the full exercise of a high degree of autonomy by Hong Kong.

To the HKPA, Mr LI is an experienced and outstanding lawyer with profound legal knowledge. Fearless and impartial, he is a man of integrity and honesty. With his administrative experience, he is the right candidate for the office of the Chief Justice of the CFA. We firmly believe that with his vast legal and administrative experience, he will ensure that the Judiciary of the SAR will operate even more smoothly and effectively and will enhance the confidence of Hong Kong people in the rule of law.

The HKPA firmly believes that the spirit of the rule of law and prosperity in Hong Kong can only be preserved by maintaining a fair, effective and truly independent legal system.

With these remarks, I support the motion on behalf of the HKPA.

PRESIDENT (in Cantonese): Mr IP Kwok-him.

MR IP KWOK-HIM (in Cantonese): Madam President, in 38 days, with the formal handing over of its sovereignty, Hong Kong will enter a new era in its history, enjoy economic prosperity and Hong Kong people will live and work in peace and contentment. After the return of sovereignty on 1 July, the spirit of the rule of law and judicial independence are the two indispensable pillars for maintaining the prosperity and standard of living in Hong Kong. A large portion of the heavy responsibility of maintaining the rule of law in Hong Kong will fall on the future Chief Justice of the CFA. In the past hundred years or so, judicial independence in Hong Kong was by no means complete, since the British Privy Council in London had the power to overturn a decision of the Supreme Court in Hong Kong. However, from 1 July onwards, Hong Kong will have its own CFA and the Chief Justice is a Hong Kong resident selected by Hong Kong people. This significantly embodies the principle of "Hong Kong people ruling Hong Kong and a high degree of autonomy". A few days ago, the JORC (Designate) formally recommended Mr LI to be the Chief Justice of the CFA, a post to be taken up by a local resident.

Madam President, it is said that the JORC unanimously recommended Mr LI to the Chief Executive after having considered 140 eligible candidates. Since the representatives of solicitors, barristers, Judges of the High Court and members from different sectors on the JORC unanimously recommended him, and since the Hong Kong Government and members of the legal profession generally welcomed this nomination, Hong Kong people should have enough trust in Mr LI. I believe he will prove in practice that he is a Chief Justice who will live up to expectations.

Mr LI has himself declared that he will strive to live up to expectations. We take this opportunity to support the undertakings made and determination expressed by Mr LI in public, in the hope that, with his drive and expertise, he will lead the legal profession and the Judiciary to enter a new era with Hong Kong.

With these remarks, I support the motion on behalf of the Democratic Alliance for Betterment of Hong Kong.

PRESIDENT (in Cantonese): Mr Ronald ARCULLI.

MR RONALD ARCULLI: Madam President, I rise to speak in favour of the motion moved by the Secretary for Justice (Designate). I do not propose to dwell on the accolade that has been lavished on Mr Andrew LI. But for what it is worth, I would like Honourable Members to know that having been a long-time friend of Mr LI, I can tell them that it is no exaggeration. Mr LI has all the qualities that have been lavished on him today and indeed even before today. But what I really want to say is this: that with this nomination, we now have the last, but an equally important piece of Hong Kong’s three most important branches of Government. The Executive and the Legislature as being the Government, and the third, but equally important piece, being the Judiciary, and under Mr LI, no doubt a very strong and independent Judiciary that will have the greatest regard and respect for the rule of law that we in Hong Kong have grown used to and will no doubt continue to enjoy for many many years to come.

But I also wish to say a few words about the difficult job the JORC must have had because, I am sure, the calibre of the candidates they considered, some who did not put themselves forward, but for those that did, if even a fraction of what the press said is true, Madam President, then it must have been a very very difficult choice to ultimately settle on. To those I would say, they ought to have Hong Kong's admiration and gratitude.

And lastly, Madam President, however able an individual might be ─ and Mr Andrew LI is able ─ he cannot sustain the Judiciary by himself. He needs all the help of all his fellow judges, of all the administrators involved in our judicial system in Hong Kong. And it is only through understanding the needs of the community, the needs of the judicial officers and all concerned, that he can ensure that the independence and the strength of the Judiciary would remain and continue to flourish.

Thank you, Madam President.

PRESIDENT (in Cantonese): Mrs Peggy LAM.

MRS PEGGY LAM (in Cantonese): Madam President, I was very glad to hear the speech by the Secretary for Justice recommending Mr Andrew LI as the Chief Justice of the CFA. On 1 July, the Hong Kong Special Administrative Region Government will be set up in Hong Kong, and it will implement the principle of "Hong Kong people ruling Hong Kong and a high degree of autonomy". The office of the Chief Justice of the CFA has never existed in Hong Kong before, let alone being filled by a local resident. After 1 July, this office will be filled by a Hong Kong resident. It shows that Hong Kong people are really taking their affairs into their own hands. In particular, the right person chosen has to comply with the five appointment criteria mentioned in the Secretary for Justice's speech, and I find them very strict and demanding. There is a common Chinese saying that one has to "go through five passes and slay six generals", but now Mr LI has to "go through five passes and slay 140 people". I believe he must be the right choice since he was chosen from among 140 candidates.

Though I am not from the legal profession, I am acquainted with Mr LI. A few days ago, the newspapers already reported that Mr LI would be appointed to take up this very important post. I have also asked the residents in my district for their opinions of Mr LI. The general response I got was that he is a good man and a man of integrity. Thus I feel that we have chosen an outstanding man of integrity who can really do something for Hong Kong people. His past achievements show that he has done a lot for Hong Kong people. As far as I know, he has served as Chairman of the University and Polytechnic Grants Committee (UPGC). When I was a Member of the Legislative Council, he came on behalf of the UPGC to make explanations to us. He was very conscientious and had been very well prepared. He explained every point in great detail. I believe that when he assumes this office, he will certainly live up to our expectations and discharge the constitutional duties vested with him under Article 88 of the Basic Law. Therefore, I wholeheartedly support the Secretary for Justice's recommendation and agree to the appointment of Mr LI as the Chief Justice of the CFA.

With these remarks, Madam President, I support the motion.

PRESIDENT (in Cantonese): Mr Paul CHENG.

MR PAUL CHENG: Madam President, I would like to make a few comments in English on this motion because the appointment of the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region is an important step towards maintaining the confidence of not only the local community, but also that of the international business community on the future of Hong Kong. I hope friends in the international media will help us reassure the international community that this appointment has been done on an independent basis in accordance with the Basic Law, and that Mr LI's nomination has been widely supported by the Hong Kong community. There is no question that the independence of the Judiciary and the rule of law in Hong Kong will be safeguarded. I am delighted that someone of Mr LI's integrity and stature has agreed to serve. I hope fellow Members will join me in thanking him for willing to make a personal sacrifice to serve the community.

With these words, I support the motion.

PRESIDENT (in Cantonese): Does any other Member wish to speak? Mr CHENG Yiu-tong.

MR CHENG YIU-TONG (in Cantonese): Madam President, I very much agree with some Honourable colleagues that today is a very important day for the Provisional Legislative Council. It marks for Hong Kong an important step towards "Hong Kong people ruling Hong Kong and a high degree of autonomy". Earlier, some people in Hong Kong loudly proclaimed that "the promise of Hong Kong people ruling Hong Kong has been shattered, and Hong Kong people ruling Hong Kong will no longer be practised". However, the appointment of Mr LI today as the Chief Justice of the CFA forcefully dispelled the rumour. With what criteria should we judge whether Hong Kong people will govern Hong Kong and whether Hong Kong will enjoy a high degree of autonomy? Personally, I think that in order to judge whether the principles of "Hong Kong people ruling Hong Kong" and "a high degree of autonomy" are followed, we have to base on the following criteria: first, whether it has executive and administrative power; second, whether it has the power to legislate; third, whether it has independent judicial power and the power of final adjudication. These factors are the basic criteria for the realization of "Hong Kong people ruling Hong Kong", and we are heading towards fulfilling these criteria. Thus the Council meeting today is a very important moment, marking a further step made towards realizing the goal of "Hong Kong people ruling Hong Kong and a high degree of autonomy". Madam President, I support the motion.

PRESIDENT (in Cantonese): Mr NG Leung-sing.

MR NG LEUNG-SING (in Cantonese): Thank you, Madam President. I agree to and support the unanimous decision of the JORC (Designate) to nominate Mr LI as the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region to be set up. I also believe that Mr LI is absolutely capable of assuming this important office which symbolizes Hong Kong's determination to uphold the principle of the rule of law. I further believe that in future, the public, local and international investors and even the Chinese enterprises in Hong Kong will uphold the principle of the rule of law and abide by the Basic Law in order to maintain Hong Kong's stability and prosperity. With these remarks, I support the motion.

PRESIDENT (in Cantonese): Does any other Member wish to speak? Secretary for Justice, do you wish to reply?

SECRETARY FOR JUSTICE (in Cantonese): Thank you, Madam President. With reference to the Honourable Bruce LIU's question about the nationality and right of abode of Mr Andrew LI, before the JORC submitted its report to the Chief Executive, the secretary of the JORC had obtained confirmation from Mr LI that he is a Chinese resident and has the right of abode only in Hong Kong. Thank you, Madam President.

PRESIDENT (in Cantonese): I now put the question to you and that is: That this Council is in support of the proposal to appoint Mr Andrew LI as the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region. Will those in favour please say "aye"?

(Members responded)

PRESIDENT (in Cantonese): Those against please say "no".

(Members responded)

PRESIDENT (in Cantonese): I think the "ayes" have it. The "ayes" have it.

MEMBERS' MOTION

PRESIDENT (in Cantonese): Amendment to the Resolution on the "Terms of Reference of the Working Group on Administrative Matters". Mr IP Kwok-him.

MR IP KWOK-HIM (in Cantonese): Madam President, I move the motion standing in my name as set out on the Revised Agenda regarding the amendment to the resolution on the "Terms of Reference of the Working Group on Administrative Matters" and that is: That subparagraph (4) of the Resolution on the Terms of Reference of the Working Group on Administrative Matters made and passed on 22 March 1997 be amended by deleting "the registration of Members' interests,".

Madam President, since the motion on the operation of the Committee on Members' Interests (the Committee) has already been passed by this Council, the Working Group on Administrative Matters (the Working Group) considers that it inappropriate for the Working Group to continue to discuss matters relating to the registration of Members' interests after the setting up of the Committee. Thus there is a need to amend the terms of reference of the Working Group accordingly.

I hope that Honourable colleagues can support this motion. Thank you, Madam President.

PRESIDENT (in Cantonese): I now propose the question to you and that is: That subparagraph (4) of the Resolution on the Terms of Reference of the Working Group on Administrative Matters made and passed on 22 March 1997 be amended by deleting "the registration of Members' interests,". Does any Member wish to speak? If not, I will now put the question to you and that is: That the motion moved by Mr IP Kwok-him be approved. Will those in favour please say "aye"?

(Members responded)

PRESIDENT (in Cantonese):Those against please say "no".

(Members responded)

PRESIDENT (in Cantonese):I think the "ayes" have it. The "ayes" have it.

PRESIDENT (in Cantonese): In accordance with the Rules of Procedure, I now adjourn the Council until 9.30 am on Saturday, 31 May 1997.

Adjourned accordingly at eighteen minutes past Ten o'clock.