of basic rights.
For all the many good things which the United Kingdom
has done in Hong Kong, it will long stand
Britain that
it did not
provide
a
as
a reproach to
democratic form of
government before its departure. According to recent polls taken of the people of Hong Kong, at least 68% of those with
immediate
definite
opinions
were
in
favour
of the
79
introduction
of direct elections.
The
want
of direct
elections
(and the
inhibition which
now
exists under the
provides
basic a
obstacle
Basic Law in conducting them)
to the achievement of a judicially enforced bill of rights
having real legitimacy for Hong Kong. For the judges, like
the citizens, will constantly face the quandary presented by
the
to reconcile attempt
The basic
the irreconcilable.
is autocratic
rights contained in the international covenants (wholly at
peace in a representative democracy) sit uncomfortably in a
society which, despite certain other virtues, is
and not democratic.80 The events of June 1989 in China
have presented these simple truths in sharp relief.
There remains one other practical consideration which
should be mentioned. Institutions may look fine on paper.
But they need sensitive, knowledgeable and talented people to
work them. A recent survey of Chinese members of the legal
profession in Hong Kong indicated that only 37% of the sample
stated positively that they would stay in the colony after 30
June
1997.81 A survey taken after 4 June 1989 revealed
that this figure had actually dropped to 33%. As has been
stated, this is "not a very promising figure in view of the
present shortage
of
inevitable departure
lawyers in
of expatriate
Hong Kong".
With
the
members of the legal
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