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The following are the remarks (English only) by the Acting Chief Secretary for Administration, Mr Michael Suen, in response to the Members' views on the resolution moved by him under section 7A of the Hong Kong Court of Final Appeal Ordinance in the Legislative Council today (June 22):
Madam President,
I thank Members for their views on the current exercise on appointment of the CFA judges.
I note Members' concerns expressed. And I hear very clearly and I understand that the appointment arrangements will be further pursued by Members. And I can also assure Members that we in the Administration have also learnt from this experience. And then next time we will strive to be more careful in handling similar situations.
Regarding the dates of appointment, I have already clarified the position in my earlier speech this afternoon and also in a Legislative Council brief. As to the point raised by the Honourable Mr Martin Lee about the press release, I think a press release is a press release, it can't be substituted as a legal document.
The rule of law and an independent Judiciary are of vital importance to the Hong Kong Special Administrative Region. And the Court of Final Appeal, at the apex of the Judiciary, is of particular importance. Indeed, the system of having judicial appointments made by the Chief Executive acting in accordance with the recommendation of JORC, and in the case of senior judicial appointments further requiring the endorsement by the Legislative Council, is of major significance in our system of constitutional checks and balances to ensure that the independence of the judiciary is preserved.
As Members have remarked, this is the first time that this First Legislative Council of the HKSAR exercises this important constitutional function. The Administration fully appreciates Members' wish to ensure the system works perfectly. And I share that too. I hope Members are now confident that they have fully discharged this constitutional duty with regard to the current appointment exercise.
Thank you.
End/Thursday, June 22, 2000
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