WEDNESDAY, DECEMBER 7, 1977
ATTORNEY GENERAL EXPLAINS DECISION
ON HUTCHISON HOUSE INCIDENT
*****
THE HON. ATTORNEY GENERAL, MR. JOHN HOBLEY STRESSED TODAY HIS DECISION TO PROSECUTE ONLY ONE PERSON IN THE HUTCHISON HOUSE INCIDENT ON OCTOBER 28 WAS NOT BASED UPON POLITICAL OR OTHER CONSIDERATIONS BUT UPON THE EVIDENCE AVAILABLE.
IN REPLY TO A QUESTION BY DR. THE HON. S.Y. CHUNG IN THE LEGISLATIVE COUNCIL, MR. HOBLEY SAID +ON THE MATERIAL PUT BEFORE ME BY THE INVESTIGATING OFFICERS, I COULD NOT HAVE DECIDED OTHERWISE THAN IN THE WAY I DID.+
HE ALSO STRESSED THAT THE ATTORNEY GENERAL, IN THE DISCHARGE OF HIS CONSTITUTIONAL DUTY IN RELATION TO THE ADMINISTRATION OF THE CRIMINAL LAW, ACTED WHOLLY INDEPENDENTLY.
+HE IS NOT SUBJECT TO DIRECTIONS FROM ANYONE, INCLUDING THE GOVERNOR.
+THIS FUNDAMENTAL ASPECT OF OUR CONSTITUTION IS DESIGNED TO ENSURE THAT AN ATTORNEY GENERAL IS FREE OF INFLUENCE AND EXTRANEOUS CONSIDERATIONS ONE WAY OR THE OTHER,+ HE ADDED.
MR. HOBLEY SAID HE WAS ANXIOUS TO ANSWER THE QUESTION ON THE INCIDENT NOW RATHER THAN LATER FOR TWO REASONS.
+FIRSTLY, I KNOW THAT MY DECISION IN THE MATTER HAS AROUSED PUBLIC CONCERN. THIS IS BECAUSE IT SEEMS ON ITS FACE TO RUN COUNTER TO FACTS WHICH TO MANY WHO ARE NOT FULLY FAMILIAR WITH THE DETAILS SEEM OBVIOUS AND INCONTROVERTIBLE.
+SECONDLY, PEOPLE WHOSE VIEWS COMMAND PUBLIC ATTENTION HAVE CONSEQUENTLY PORTRAYED MY DECISION IN AN UNFORTUNATE WAY, WHICH WOULD PREJUDICE RESPECT FOR THE LAW, + HE SAID.
MR. HOBLEY ALSO EMPHASISED THAT NOTHING HE NOW SAID SHOULD BE REGARDED AS CONSTITUTING, EITHER DIRECTLY OR INDIRECTLY, ANY COMMENT WITH RESPECT TO THAT CASE.
EXPLAINING THE CIRCUMSTANCES LEADING TO HIS DECISION ON THE INCIDENT, MR. HOBLEY SAID THE REPORT OF THE POLICE INVESTIGATION PRESENTED A FAIRLY CLEAR PICTURE OF THE EVENTS WHICH OCCURRED BETWEEN ABOUT NOON AND SOME 20 MINUTES LATER ON THAT DAY.
+THE PICTURE IS BUILT ON STATEMENTS FROM OFFICERS OF THE ICAC AND MEMBERS OF THE PRESS, + HE SAID.
/HE POINTED OUT