After 156 years as a British colony, Hong Kong will return to Chinese sovereignty, on July 1, 1997. Pursuant to this transition, Britain and China concluded the Court of Final Appeal (CFA) Agreement in June of 1995. The terms of this agreement will govern the future establishment and operation of Hong Kong's supreme judiciary. In reaching this agreement Britain made a number of concessions to China, most importantly with respect to the CFA's jurisdiction. The CFA's impaired jurisdiction, ensured by virtue of the Agreement's provisions regarding acts of state, confers on the Chinese Government the ability to control the manner in which the CFA adjudicates. Such control has frightening implications for the rights and liberties of the people of Hong Kong. China's interference with the CFA, moreover, runs contrary to previous instruments regarding the CFA. In coming to these conclusions this note reviews the history of the CFA as provided for in earlier documents; Hong Kong's tradition of the rule of law and Hong Kong courts' common law jurisdiction; and the Agreement and implementing legislation's jurisdiction provisions, particularly in conjunction with Hong Kong's post-1997 constitution. This note also counters several of the Hong Kong Administration's arguments in favor of the CFA Agreement and its implementing legislation.
