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from Part II - 1997–2014
Published online by Cambridge University Press: 28 July 2022
The Joint Declaration may have been concluded in 1984 but it was not until 1991 that agreement, or at least a first agreement, was reached between China and the UK on the composition of an altogether new entity, the Court of Final Appeal or ‘CFA’ for post–handover Hong Kong. It was to replace appeals to the Judicial Committee of the Privy Council from colonial Hong Kong. In that respect the new Hong Kong Special Administrative Region will begin where other former British colonies had evolved; the eventual abolition of appeals to the Privy Council when sufficient confidence in the local judiciary had been, or was felt to have been, achieved, or perhaps when national honour in some former colonies had demanded it. Barbados and Guyana have now joined Canada, New Zealand, Malaysia and Singapore, effectively Australia, and also India, Pakistan and Sri Lanka just to name a few prominent examples of jurisdictions which have abolished appeals to the Judicial Committee.
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