Litton warns of 1997 legal void

AN Appeal Court judge yesterday warned of the impact on the community if Legislative Councillors are not allowed to serve beyond 1997.

Without a legislature on July 1, 1997, there would be no Court of Final Appeal and there would be no Chief Judge, a new post created under the Basic Law to head the High Court, said Mr Justice Litton.

China has said that the Legislative Council will be disbanded and a new one formed in 1997.

Article 88 of the Basic Law says that the judges of the courts of the Special Administrative Region government shall be appointed by the chief executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and other eminent persons.

Judges are appointed on the recommendations by the Judicial Service Commission (JSC), whose members are appointed by the Governor.

''If, on 1 July 1997, there is to be a new body, perhaps consisting of the same persons, to replace the JSC, there will have to be a new ordinance to give effect to the new appointments. Without a legislature, how can you do that?'' asked Mr Justice Litton.