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allies and friends shroud, there if therefore now un need than ever of reassuring mensures to demonstrate that the day of the grazy gunman is over.
he question China has to ask itself
It would be unwise to read too much significance into the visit of the British Foreign Secretary Lord Carrington, either to Hongkong or Peking. Welcome as it is to see him and assuring as it is to have the Secretary of State here, it would be wrong to believe that he in- in this part of the world to prsia China to make a favourable commitment on Hongkong's future.
Much na hê and we would like it he is ns aware no yone that China is not likely to commit itself; mud ndand that growing feeling that the Chinese authorities do not appreciate the increasing note of apprehension emerging in Hongkong.
"No doubt if Lord Carrington" were to mention doubts about the long-term future, Peking leaders would remind him that he has just announced a £550, million deal to supply" British electrical generating equipment for China Light and Power, running weli into the 1980s and entailing even longer-term financ- ins. It is a deal, moreover, in which a leading American oil company is concerned.
Lord Carrington might be asked whether Britain and Exxon had any serious doubts about Hongkong's long-term future, and if not, why should China? But the problem transcends mere governments and even large corporatiome
and Sir
Far-sighted man like Lord Lawrence Kadoorie . feel reastured By Chinese declarations that investors should “put their hearts at rest” and “we shall deal with Hongkong when the time in ripe” and the latest statement “wo ure not overly Impatient to settle the question.” But the trouble is that not everyone who is concerned with Hongkong's future is as far-sighted and patient. Nor are investors the sort of people who are likely to put their trust in bland assurances indefinitely;
And while for the next year or so people in Hongkong, businessmen, industrialists, property onors and investors, will be able to contain their atience, a failure by China to give some more specific mouncement is likely to lead to a gradual drain of confidence. And, as the Chinese should know, confi- dence is the one ingredient that is essential to Hong- kong's survival.
It is the oxygen that sustains business and investor morale; without it, there will be a gradual decline in financial and economic activities; the many interna- tional firms which have made their headquarters. In Hongkong, will be taking a longer-term view and making decisions for the future on where they will operate in the second half of the 80s and the decade of
90s.
And with the decline of Hongkong as an interna- tional business centre there can only be a falling-off in economic activity with a chain reaction affecting industry, property and trade. This is not a gloom-doom scenario intended to scare anyone. We in Hongkong are fairly realistic about residence in a borrowed place on borrowed time. Our business philosophy over the postwar years has been based on a relatively quick recovery of investment and no doubt this will continue
· for several years.
But it is important for the Chinese to realise that this cannot continue Indefinitely. There is a legalistic attitude towards the long-term future which only China can resolve by a binding declaration. And however difficult it is to make such a statement so far ahead of the actual date, it must be aware of the consequences of its failure to do so.
*
How important is Hongkong to it as a generator of wealth, a conduit of trade, an outlet for international contacts, and a gateway to China? It is not a question to which Lord Carrington or Hongkong seeks an immediate answer. But it is a question that Peking has to face sooner rather than later. Time is not on China's side any more than it is not on ours.
ASBRUIK LAW UNIWECILY WE
Cambridge is not subject to England's licensing laws. If you were at Oxford, you should object
And the House of Com- mong tham not nood a licence, Lobject. (I favour the Lords').
No, it won't do. Many licensing laws are silly And the people who sock to uphold "The strici latter of them some- times even silliør.
The power of Hcensing nu- thorities. The extraordinary thing about both Hongkong and English licensing laws is the immense power they give to their respective Liquor
Licensing Authorities.
Liquor Licensing Author- ities are the bodies reponsi. ble for the public regulation of liquor distribution and con- sumption,
In Hongkong, this is done by the Liquor Licensing Board, which is a committee of the Urban Council. In other words, people who sit on the Licensing Authority in Hongkong are essentially local lay politicians. (There is an exception to this in the case of
:
the New Territories outside, New Kowloon, where unoffi cial justices of the peace who may or may not be Urban Councillors
are ap--- pointed).
In England, the job is done by a Licensing Committee, which is a committee of jus- tices of the peace appointed by other justices of the peace. (We'khould note that justicos of the peace in England do the job done in Hongkong by magistrates).
In short, the people who sit on the Licensing Authority in England are essentially local lay judges.
This is the first and greatest difference for from it all others spring between England and Hong- kong,
Quintessentially, in Hong kong the Licensing Authority is a branch of the executive; in England it is a branch of the judiciary,
To be more exact, how- ever, we would have to say that, in England, although the Licensing Authority is a branch of the judiciary, it does not as such act "judicial ly.
JACKSON ROAD
Lord Bramwell, a very great"The threat of mover judge, had this to say:
"The Licensing Authority has a discretion to refuse:
++
they are not bound to state their reason, and therefore their decision cannot be ques- tioned." field
(Sharp » Wake- 1891). Power indeed! The power of secret reasons.
But does that mean, then, that the authority could re- fuse you a licence because you had a wart on your face or ugly teeth? Or, that you entertained in your tavern one-armed Jews? Or green, eyed, tattooed, homosexual, Buddhist negroes with bushy eyebrows and leanings to Thatcher-Friedmanism?
Surely not.
And in the Case of the Low Bridge Inn Lord Hals- bury, Lord High Chancellor of Great Britain, said, as much:
"When is said that something is to be done with in the discretion of the Licensing Authority,' then it means, said Lord Halsbury, "that something is
to be done according to the rules of reason and justice, on according to law, and not mot according to private open-
humour. It is to be not arbi- tray, vague, and fanciful, but be exercised within the limit, legal and regular. And it must
to which an honest man
competent to the discharge of his office ought to confine himself.
Did the Liquor Licensing So, the question is this: Board that day, in July, dis- law, and not bumour, or was charge its duty according to it bent merely on queer-bash- ing?
The necessity for correct- wess in licensing procedure: Next, we should note those words of Lord Halsbury: legal and regular. They are very important. They mean that when lawyers play legai games, they should follow
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r
certain rules.
cation for a liquor licence For example, at the appli.
renewal in England, all evi- dence must be given on oath.
Now, if a person tells you
a lie, that is not a criminal offence. But, if he makes the same false statement on oath
WEATHERITE
jail.
A danger choi the board (the executive body) a 1. judicial game tha of a fundame rule, ie the rule 4 telling.
I am not saying n oath should be adten to the taking of chan fore every tribumi i am saying is that w have a tribunal (asia Licensing Board: realm of inquiry w aspects of crimina and some serious ur
then the an that of atmosphere that a
**
outh generates in the room is to be deplores
Another rule, a not binding on the R Licensing Board, is that allegations proved.
As a Lord Chief J
England (Lord Alver a liquor licensing c put it:
"if facts are to b
they ought to be n I do i evidence there ought to be cat versations between which are not broug knowledge of the pe is applying (Th Licensing Justices
1902)
ston ་་
"
For example, in it would be no good an objector to the bo saying:
name, went to the
"My colleague, wi and saw boys of 6 alcohol,"
That would not statement. It
WOR prove to others that league told you of 11. ing, that, they you).
Lawyers call su mony when given rather than by your e hearsay; and quic they reject it in many law; in criminal law ular.
Even if your what's-his-name.
went into the witne
testify on wath, it w prove that the boys as distinct from 18, fact consuming
但係我重未曾學識...
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