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WEDNESDAY, JUNE 27, 1984
TO AVOID THE DANGER OF HONG KONG BECOMING INSULAR IN ITS INTERPRETATION AND DEVELOPMENT OF THE LAW, MR SWAINE SAID HONG KONG MUST ENSURE THAT ITS LAW KEEPS PACE WITH THE OTHER COMMON LAW JURISDICTIONS OF THE WORLD, PARTICULARLY IN THE FIELD OF COMMERCIAL LAW.
+WE MUST BE READY TO EMBRACE JUDICIAL PRECEDENTS DEVELOPED IN THE UK AND OTHER COMMON LAW JURISDICTIONS, SO THAT WE DO NOT STAGNATE BUT REMAIN PART OF THE MAINSTREAM.
+WHERE, HOWEVER, THE ISSUES ARE OF A PURELY DOMESTIC NATURE, SAY, IN THE AREAS OF PERSONAL INJURY AWARDS AND FAMILY DISPUTES, WE CAN AFFORD TO DEVELOP A MORE HONG KONG ACCENTED SET OF PRECEDENTS,+ HE SAID.
HE ALSO STRESSED THAT ENGLISH MUST REMAIN THE LANGUAGE OF THE LAW, AT LEAST IN THE HIGHER COURTS, SO AS TO ENSURE PRECISION AND CERTAINTY, AND IN ORDER TO COMMAND INTERNATIONAL RESPECT.
ON VARIOUS FREEDOMS WHICH WILL NEED TO BE SAFEGUARDED, HE SAID, THE RIGHT OF TRAVEL OUTSIDE HONG KONG IS CLEARLY ESSENTIAL TO OUR WELL-BEING, STABILITY AND PROSPERITY, PARTICULARLY AS HONG KONG IS SO EXPORT-ORIENTED.+
THE ISSUE OF A TRAVEL DOCUMENT, WHICH IS INTERNATIONALLY RECOGNISED, IS OF VITAL IMPORTANCE, HE ADDED.
HE ADVOCATED THAT TRAVEL DOCUMENTS OF THE PURELY HONG KONG STYLE SHOULD BE ISSUED TO PEOPLE WHO EITHER DO NOT HAVE BRITISH NATIONAL STATUS OR WHO WISH TO HAVE AN ALTERNATIVE DOCUMENT.
+SUCH HONG KONG TRAVEL DOCUMENTS SHOULD BE ISSUED BY THE GOVERNING AUTHORITY OF HONG KONG, RECOGNISING THE STATUS OF THE HOLDER AS HONG KONG BELONGER WITH THE RIGHT OF ABODE HERE AND THE FREE RIGHT OF ENTRY INTO HONG KONG.
+RECOGNITION OF THE RIGHT OF ABODE HERE CARRIES WITH IT THE NECESSARY IMPLICATION, WHICH IS FUNDAMENTAL IN A FREE SOCIETY, THAT THE HONG KONG BELONGER CANNOT BE COMPELLED TO LEAVE HONG KONG BY SOME SYSTEM OF RUSTICATION OR BANISHMENT.
+HE TOO MUST HAVE SECURITY OF TENURE, WITH THE RIGHT TO LEAVE, IF HE SO WISHES, AND THE RIGHT TO RETURN. THESE ARE AMONG THE RIGHTS OF THE INDIVIDUAL WHICH AN INDEPENDENT JUDICIARY WILL BE ABLE TO PRESERVE AND FOSTER, HE SAID.
IN CONCLUSION, MR SWAINE SAID THAT IT IS IMPERATIVE THAT THE FINAL COURT OF APPEAL FOR HONG KONG IS HONG KONG, NOT PEKING.
+TO CONTEMPLATE OTHERWISE IS TO DESTROY THE EDIFICE SO CAREFULLY BUILT UP OVER THE YEARS AND TO REPUDIATE THE NOTION OF JUDICIAL INDEPENDENCE AND THE RULE OF LAW, HE SAID.
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