. و.

TUESDAY, OCTOBER 16, 1984

SPECIAL LEGAL PROCEEDINGS SHOULD BE PRESERVED

********

-

MARIA TAM

SPECIAL LEGAL PROCEEDINGS AND CONCEPTS WHICH PROTECT THE PERSONAL FREEDOM OF CITIZENS SHOULD BE PRESERVED IN THE LAWS OF THE HONG KONG SAR, THE HON MARIA TAM SAID IN THE LEGISLATIVE COUNCIL TODAY' (TUESDAY).

SHE WAS SPEAKING IN SUPPORT OF THE MOTION ENDORSING THE DRAFT AGREEMENT.

SHE CITED AS EXAMPLES THE INSTITUTION OF HABEAS CORPUS AND THE PRACTICE THAT GOVERNMENT HAD TO MAKE REASONABLE COMPENSATION TO A CITIZEN WHO WAS WRONGFULLY DETAINED.

ON THE OTHER HAND, SHE SAID, BRITISH MILITARY FORCES AND OTHER PERSONNEL AT PRESENT STATIONED IN HONG KONG WERE SUBJECT TO THE LAWS OF HONG KONG, AND SO CHINESE MILITARY FORCES AND OTHER PERSONNEL STATIONED HERE IN FUTURE SHOULD OBSERVE AND ABIDE BY THE LAWS OF THE HONG KONG SAR.

+ALTHOUGH I UNDERSTAND THE ANNEX OF THE DRAFT AGREEMENT HAS STATED THAT THE LAWS PREVIOUSLY IN FORCE IN HONG KONG SHALL BE MAINTAINED, YET THE BASIC LAW HAS NOT YET BEEN DRAFTED, SHE SAID.

SHE POINTED OUT THAT THE PEOPLE OF HONG KONG HAD NOT YET THOROUGHLY UNDERSTOOD THE CONSTITUTION AND MILITARY LAWS OF CHINA, AND POSSIBLY CHINA ALSO DID NOT YET HAVE A SOUND KNOWLEDGE OF THE LAWS CURRENTLY PRACTISED IN HONG KONG.

+THE LAWS OF CHINA AND THOSE OF HONG KONG HAVE DIFFERENT ORIGINS THEY ALSO DIFFER IN LANGUAGE AS WELL AS IN CONCEPT.

+FOR THIS REASON, I SPECIFICALLY POINT OUT THE IMPORTANCE OF THESE TWO POINTS SO THAT THE FUTURE BASIC LAW WILL NOT CONTRADICT CHINA'S LAWS RELATING TO SPECIAL ADMINISTRATIVE REGIONS,+ SHE SAID.

MISS TAM SAID ON THE ONE HAND, THE PEOPLE OF HONG KONG ACCEPTED RIGHTLY THAT THE DRAFT AGREEMENT COULD MAINTAIN THE SOCIAL AND ECONOMIC SYSTEMS OF HONG KONG BUT ON THE OTHER, THEY ALSO RAISED A SERIES OF QUESTIONS.

THE FIRST KIND OF QUESTION CONCERNED REQUESTS FOR CLARIFICATION OF THE CONTENTS OF THE DRAFT AGREEMENT AND MISS TAM SAID IF THE GOVERNMENT COULD GIVE A REPLY TO THE QUESTIONS WHICH WERE OF PARTICULAR CONCERN TO VARIOUS SECTORS IN CONNECTION WITH THE CLARIFICATION OF THE TEXT OF THE DRAFT AGREEMENT, THEN PSYCHOLOGICALLY IT WOULD BE OF ASSISTANCE TO THOSE WHO WERE AFFECTED.

THE SECOND

Page 10Page 11

Share This Page