Provisional Legislative Council

PLC Paper No. 373/96-97

Ref.: PLC/BC/07

Paper for the House Committee
Meeting on 7 June 1997

Legal Adviser (Bills Committee) 's
Report on Hong Kong
Court of Final Appeal (Amendment) Bill 1997

Object of the Bill

To amend the Hong Kong Court of Final Appeal Ordinance (Cap.484) ( " the Ordinance " ) so as to ensure that the Ordinance is in conformity with the Basic Law.

Provisional Legislative Council Brief Reference

2.A Brief (Ref.:CE/7/1(C)) issued by the Chief Executive ' s Office for the Provisional Legislative Council on Hong Kong Court of Final Appeal (Amendment) Bill 1997 dated 4 June 1997.

Date of First Reading

3.7 June 1997.

Comments

4.The Ordinance was passed in 1995 but is to come into operation on 1 July 1997.

5.Upon the resumption of the exercise of sovereignty of Hong Kong by the People ' s Republic of China on 1 July 1997, the Ordinance has to be adapted. Some expressions such as " the Governor" , " the Attorney General " will have to be substituted respectively by " the Chief Executive " and " the Secretary of Justice " .

6.Further, in order to ensure the Ordinance is in full conformity with the Basic Law, the Bill now seeks to add a new section 7A which is on the endorsement of appointment or removal of judges of the Court. This new section only enacts the principle in Article 90 of the Basic Law.

Public consultation

7.According to the Brief, as the provisions in the Basic Law are widely known, significant reaction from the public is not to be anticipated.

Consultation with the Provisional Legislative Council

8.No consultation has been arranged so far.

Conclusion

9.The proposed amendments are mostly technical in nature. Subject to some technical aspects that need to be clarified with the Chief Executive ' s Office, Members are recommended to support the Bill.

Prepared by

HO Ying-chu, Anita
Legal Adviser (Bills Committee)
Provisional Legislative Council Secretariat
6 June 1997