WEDNESDAY, JANUARY 11, 1984
8
+ I BELIEVE THAT THE BILL IS A BALANCED MEASURE WHICH IS CONSISTENT BOTH WITH THE REALITIES OF COMMERCIAL LIFE IN MODERN HONG KONG AND WITH ITS CONCERN FOR INDIVIDUAL FREEDOM,+ MR THOMAS SAID.
HE THANKED UNOFFICIAL MEMBERS AND MANY OUTSIDE THE COUNCIL FOR THEIR TIME, EFFORT AND WISDOM IN THEIR CONSIDERATION OF THE BILL.
+THIS IS A LONG OVERDUE REFORM OF THE LAW OF WHICH MEMBERS OF THIS COUNCIL MAY FEEL PROUD, HE SAID.
BILL DRAWS SUPPORT ALONG WITH RESERVATIONS
****
THE HON CHARLES YEUNG, THE HON WONG PO-YAN AND THE HON STEPHEN CHEONG SPOKE IN SUPPORT OF THE DEBTORS (ARREST AND IMPRISONMENT) BILL 1983 WHILE THE HON K.C. CHAN VOICED HIS RESERVATIONS.
THEY WERE SPEAKING AT THE RESUMED DEBATE ON THE BILL IN THE LEGISLATIVE COUNCIL TODAY.
MR YEUNG POINTED OUT THAT UNDER THE UNIQUE SOCIAL, HUMAN AND GEOGRAPHICAL CONDITIONS OF HONG KONG, MOST PEOPLE, PARTICULARLY THOSE IN BUSINESS, THOUGHT THAT THE PRESENT LAW ON THE IMPRISONMENT OF DEBTORS HAD NOT PRODUCED ANYTHING TOO INEQUITABLE, AND THEREFORE CONS IDERED THAT IT SHOULD BE PRESERVED.
GOING OVER THE STATISTICS ON THE IMPRISONMENT OF DEBTORS, HE OBSERVED THAT THE NUMBER OF PEOPLE IMPRISONED WAS NOT HIGH AND ON THE AVERAGE, A DEBTOR STAYED IN PRISON FOR ONLY ABOUT 20 DAYS.
WHEN A DEBTOR REALISED THAT THE COURT'S BAILIFF WAS GOING TO TAKE HIM TO PRISON, HE WOULD USUALLY REPAY THE DEBT IMMEDIATELY OR CAME TO TERMS WITH THE CREDITOR TO AVOID IMPRISONMENT, MR YEUNG SAID.
+THEREFORE IN A FREE AND TRADE-ORIENTED SOCIETY LIKE HONG KONG, IT IS UNDERSTANDABLE THAT MOST PEOPLE WOULD LIKE TO MAINTAIN THIS LAW OF IMPRISONMENT OF DEBTORS,+ MR YEUNG ADDED.
NOTED THAT MOST JUDGES WERE SAID TO BE IN FAVOUR OF THE PRESENT LEGAL SYSTEM OF IMPRISONING DEBTORS AND THE SPECIAL WORKING GROUP APPOINTED BY THE ATTORNEY GENERAL IN 1981 WAS ALSO IN GENERAL AGREEMENT TO MAINTAIN THE PRESENT SYSTEM AFTER LONG AND CAREFUL STUDIES.
+HOWEVER, ONE POINT OPEN TO CRITICISM IN THE PRESENT LAW OF IMPRISON ING DEBTORS IS THAT A DEBTOR WHO IS GENUINELY UNABLE TO PAY THE DEBT, AND BEING IGNORANT OF THE LEGAL PROCEDURE, IS DEPRIVED OF HIS LIBERTY AS HE IS PUT IN PRISON FOR A SHORT TIME. HE THUS HAS TO ENDURE THE SHAME OF BEING IMPRISONED, WHICH IS UNFAIR, HE SAID.
HE ADDED THAT THE BILL HAD THIS POINT AS ITS OBJECTIVE.
/+I THINK