MONDAY, DECEMBER 9, 1985
3
THE POWER TO MAKE NEW LAWS WAS ENJOYED BY PARLIAMENT WHO, WITH THE FORMAL ASSENT OF THE KING, MADE STATUTES, WHICH WERE JUST AS BINDING AS THE RULES LAID DOWN BY THE JURISTS AND JUDGES.
+BUT NOWHERE IS THERE TO BE FOUND A WRITTEN CONSTITUTION WHICH COMPREHENSIVELY SETS OUT (1) WHERE THE POWER LIES- (2) HOW POWER IS TO BE EXERCISED, AND (3) WHAT ARE THE RIGHTS AND DUTIES OF INDIVIDUALS, MR THOMAS SAID.
+THE ANSWER TO MANY OF THOSE QUESTIONS CAN BE FOUND IN THE POLITICAL PHILOSOPHY EXPRESSED BY THOSE WORDS THE RULE OF LAW.+
MR THOMAS SAID THAT FIRST AND MOST IMPORTANT, THE RULE OF LAW REQUIRED THAT THE POWERS OF THE CROWN AND OF ALL ITS SERVANTS, INCLUDING LAW ENFORCEMENT AGENCIES SHOULD BE DERIVED FROM LAW.
+THAT IS, THE LAW AS IT IS CLEARLY SET OUT AND LIMITED IN LEGISLATION AND BY THE JUDICIAL DECISIONS TAKEN BY INDEPENDENT COURTS.
+THIS IS TO BE CONTRASTED WITH A DIFFERENT STATE IN WHICH THE SOVEREIGN OR THE PRESIDENT OR THE GOVERNMENT CAN EXERCISE POWERS WHICH GO BEYOND THE REACH OF THE LAW, HE SAID.
THE TYRANT, MR THOMAS SAID, COULD MAKE DECREES, CONF ISCATE LAND AND LOCK UP HIS OPPONENTS WITHOUT FEAR OF CHALLENGE EXCEPT THE BULLET OF THE ASSASSIN OR THE ANGER OF THE +MOB.+
+BUT AT THE HEART OF OUR SYSTEM OF GOVERNMENT LIES THE RULE THAT NO-ONE, FROM THE GOVERNOR DOWN THROUGH THE RANKS OF SECRETARIES, DIRECTORS, COMMISSIONERS, THE POLICE, ICAC, IMMIGRATION AND CUSTOMS AND EXCISE. NO-ONE CAN DO ANYTHING THAT AFFECTS THE INDIVIDUAL, HIS HOME, HIS MONEY OR HIS FREEDOM, UNLESS HE CAN POINT TO SOME SPECIFIC PROVISION OF THE LAW WHICH AUTHOR ISES WHAT HE HAS DONE.
+ IF HE CANNOT DO THAT, HE CAN BE SUED IN THE COURTS OF HONG KONG AND COMPELLED TO PUT RIGHT WHAT HE HAD DONE OR TO PAY COMPENSATION FOR THE WRONG THAT HE HAS DONE, MR THOMAS SAID.
A SECOND FEATURE OF THE RULE OF LAW WAS SUMMARISED AS +EQUALITY BEFORE THE LAW.+
IT WAS FUNDAMENTAL THAT ALL PERSONS, HIGH OR LOW, REGARDLESS OF RACE, POLITICS OR RELIGION, WERE SUBJECT TO THE ORDINARY LAW OF THE LAND ADMINISTERED BY THE ORDINARY COURTS OF LAW.
+THIS MEANS THAT ANY ATTORNEY GENERAL WHO DRIVES WITHOUT THE RIGHT KIND OF LICENCE IS LIABLE TO BE BROUGHT BEFORE THE COURTS AND PUNISHED FOR HIS OFFENCE.
+EQUALLY, A POLICE OFFICER WHO ARRESTS AND DETAINS A MAN BY MISTAKE IS LIABLE TO PAY HIM COMPENSATION, MR THOMAS SAID.
/THE THIRD