MAY 1, 1985
+ AV EDI TORI AL IN THE SOUTH CHINA MORNING POST OF THE 17 AUGUST OF LAST YEAR SEEMED TO SUM UP THE GENERAL ATTITUDE OF THE COMMUNITY WHEN IT WROTE:
+WHEN JURIES FIRST CAME INTO EXISTENCE SEVERAL HUNDRED
YEARS AGO, THERE WAS NONE OF THE COMPLEXITY THAT PREVIALS IN SOME OF TODAY'S COMMERCIAL CRIMINAL CHARGES. JUSTICE HAS TO MOVE WITH THE TIMES AND THIS SEEMS A TIMELY MOVE+.
BUT SEVEN MONTHS LATER, THE SAME EDITORIAL, STILL WITH ITS FINGER ON THE PULSE, DESCRIBED THE PROVISIONS OF THE BILL AS A DANGEROUS DEPARTURE FROM THE SYSTEM THAT WE EMPLOY IN JURY TRIALS. SIR, I AM REMINDED OF THE LINE FROM OMAR KHAYAM: +THE MOVING FINGER WRITES AND HAVING WRIT, MOVES ON+,
+SI R 1 MENTION THESE MATTERS ONLY TO ILLUSTRATE THE WAY IN WHICH THE ATTITUDE TOWARDS THE BILL HAS CHANGED DRAMATICALLY SINCE THE END OF 1984. THE STRENGTH OF OPPOSITION TO THE PROPOSALS OF THE BILL DID NOT EMERGE UNTIL THE BILL WAS ABOUT TO BE INTRODUCED. THE SUPPORTERS OF THE PROPOSALS WHO CHANGED THEIR MINDS OR CHOSE TO REMAIN SILENT WERE ENTITLED TO DO SO. PUBLIC OPINION CAN BE FICKLE, BUT THE FACT IS THAT THE PROCESS OF CONSULTATION - AND IT WAS IN THIS CASE A WIDELY SPREAD PROCESS BASED ON A FULL DISCUSSION PAPER AND A DRAFT BILL - LED THE GOVERNMENT TO BELIEVE THAT THERE WOULD BE MORE SUPPORT AMONG THE COMMUNITY GENERALLY, INCLUDING THE IMPORTANT LEGAL SECTOR, THAN HAS PROVED TO BE THE CASE. IF THE VIEWS NOW EXPRESSED HAD BEEN MADE KNOWN IN OCTOBER LAST YEAR, I DOUBT SIR, IF THE BILL WOULD HAVE BEEN APPROVED IN ITS PRESENT FORM BY THE EXECUTIVE COUNCIL.
+
+SIR, WHAT WILL THE HISTORI AN MAKE OF THIS EPISODE? A PROPOSAL TO ALTER THE MODE OF TRIAL IN A HANDFUL OF CASES APPEARED TO BE BROADLY IF THINLY SUPPORTED AS A SENSIBLE MEASURE. WITHIN SIX MONTHS IT BECAME THE FOCUS OF OUTRAGED INDI GNATION AND STRIDENT CRITICISM OF ITS PROMOTERS.
+A TRITE EXPLANATION WOULD BE THE THOUGHT THAT APPARENTLY GOOD IDEAS ARE OFTEN NODDED THROUGH BY BUSY PEOPLE AND ORGANIATIONS WITHOUT MUCH CRITICAL EXAMINATION. THAT
IS PROBABLY TRUE IN WHICH CASE IT SHOWS THAT THE GOVERNMENT CANNOT TAKE TOO MUCH TROUBLE OVER THE BUSINESS OF CONSULTING THE COMMUNITY ON ITS PROPOSALS, EVEN WHEN IT HAS GONE TO THE TROUBLE. GONE TO THE LENGTHS OF PUBLISHING A DISCUSSION PAPER OUTLINING ITS IDEAS.
+IT IS ALSO EASY TO SEE WITH HINDSIGHT THAT IT WAS UNFORTUNATE THE DISCUSSION PAPER WAS PUBLISHED WHEN IT WAS, IN JULY 1984. DURING THE PERIOD OF CONSULTATION, MOMENTOUS EVENTS TOOK PLACE IN HONG KONG: THE PUBLICATION OF THE SINO-BRITISH JOINT DECLARATION AND THE WORK OF THE ASSESSMENT OFFICE. THE COMMUNITY HAD AT THAT TIME FAR MORE IMPORTANT THINGS TO WORRY ABOUT THAN THESE PROPOSALS FOR LAW REFORM.
/+BUT IT .....................