WEDNESDAY, APRIL 27, 1983
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+HOWEVER, THIS WOULD IMPOSE UPON THE INDIVIDUAL THE BURDEN OF PROOF THAT AN AIR POLLUTANT NUISANCE DOES NOT EXIST OR IS NOT IMMINENT.
+THIS IS AGAINST A FUNDAMENTAL PRINCIPLE IN ENGLISH LAW THAT IT IS UP TO THE STATE TO PROVE BEYOND REASONABLE DOUBT THAT AN INDIVIDUAL HAS COMMITTED AN OFFENCE, HE POINTED OUT.
AT THE COMMITTEE STAGE, MR BROWN SAID THAT HE WOULD THUS BE MOVING AMENDMENTS TO CLAUSE 10 TO THE EFFECT THAT AN INDIVIDUAL CAN HAVE HIS CASE CONSIDERED BY THE COURT AND, MORE IMPORTANTLY, TO PLACE UPON THE PROSECUTION, INSTEAD OF THE INDIVIDUAL, THE BURDEN OF PROOF THAT AN AIR POLLUTANT EXISTED.
HE ALSO DEALT WITH ANOTHER FUNDAMENTAL PRINCIPLE IN ENGLISH LAW IF AN INDIVIDUAL SUFFERS LOSS OR DAMAGE, AND INCURS SUBSTANTIAL COSTS BY BEING WRONGLY ACCUSED, HE SHOULD BE AWARDED COSTS AND IN APPROPRIATE CIRCUMSTANCES COMPENSATION.
+THIS IS NOT PROVIDED FOR IN THE BILL. ACCORDINGLY, AT THE COMMITTEE STAGE SHALL BE MOVING AMENDMENTS TO CLAUSE 33 WHICH WILL HAVE THE EFFECT OF CONFERRING UPON THE APPEAL BOARD THE POWER TO AWARD COSTS AND COMPENSATION, WHERE THE APPEAL BOARD ALLOWS AN APPEAL, HE SAID.
EVEN WITH THESE AMENDMENTS, MR BROWN SAID HE STILL HAD RESERVATIONS AS TO THE ABILITY OF THE AUTHORITIES TO ENFORCE THE PROVISIONS OF THE BILL.
+ IN THE FINAL ANALYSIS, EFFECTIVE LAW ENFORCEMENT IS NOT REALLY POSSIBLE WITHOUT THE SUPPORT OF THE PUBLIC, AND CONCERN MUST BE EXPRESSED AS TO WHETHER SUCH SUPPORT IS BEING ERODED BY THE CRIMINAL STATUTE BOOK BECOMING UNMANAGEABLE THROUGH THE SHEER VOLUME OF CRIMINAL LAW BEING ADDED TO IT, HE SAID.
SUPPORT FROM THE PUBLIC, HE ADDED, DEPENDED ON RESPECT WHICH COULD BEGIN TO WANE IF DAILY VIOLATIONS OF THE LAW WENT UNPUNISHED.
+WE MUST BE CAREFUL, THEREFORE, TO QUESTION ALL NEWLY CREATED OFFENCES, AND INDEED I SEE IT AS AN IMPORTANT PART OF THE DUTIES OF UNOFFICIAL MEMBERS TO QUESTION ALL NEWLY CREATED OFFENCES TO ENSURE SUCH ARE REALLY NECESSARY, + MR BROWN SAID.
THE AMENDMENTS WOULD RESULT IN A BILL DIFFERENT IN MANY FUNDAMENTAL RESPECTS FROM THAT AS ORIGINALLY INTRODUCED, HE SAID.
+ IN ITS AMENDED FORM, IT IS, HOWEVER, IN MY VIEW APPROPRIATE TO WHAT WE ARE TRYING TO ACHIEVE IN HONG KONG IN THE FIELD OF ANTI-POLLUTION MEASURES AT THIS STAGE OF OUR DEVELOPMENT,+ MR BROWN SAID.
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