MONDAY, DECEMBER 9, 1985
THE THIRD FEATURE OF THE RULE OF LAW WHICH HE LIKED TO STRESS WAS THE IMPORTANCE OF THE COURTS AND THE LAWYERS TOO, MR THOMAS SAID.
+THE COURTS PROTECT THE RIGHTS AND FREEDOM OF INDIVIDUALS, AND THEY KEEP IN CHECK THE GROWTH OF STATE POWER AND DE AL EFFECTIVELY WITH ITS ABUSE, HE SAID.
THIS HAD BEEN ACHIEVED BECAUSE OF THE RESPECT ACCORDED BY THOSE IN POWER TO LANDMARK JUDICIAL DECISIONS FROM THE PAST.
THIS IN TURN AFFECTED THE ATTITUDE AND INFLUENCE OF LEGAL PRACTITIONERS, LEGAL DRAFTSMEN AND LEGAL ADVISERS WHICH TENDED TO BE CONSERVATIVE AND JEALOUS OF WELL-ESTABLISHED LEGAL RULES.
MR THOMAS SAID THAT IN THEORY, THE POWER OF THE GOVERNOR TO MAKE LAWS WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL UNDER LETTERS PATENT FOR THE PEACE, ORDER AND GOOD GOVERNMENT+ OF HONG KONG WAS A WIDE ONE. BUT IN REALITY THAT POWER WAS CAREFULLY CONTROLLED, IF ONLY BECAUSE IT WAS WIDELY DISPERSED.
MANY DIFFERENT PEOPLE WERE INVOLVED IN THE PREPARATION AND APPROVAL OF NEW ORDINANCES - SECRETARIES AND PUBLIC OFFICERS WHO EVOLVED POLICY, THE ADVISORY AND DISTRICT BOARDS WHO WERE CONSULTED UPON POLICY PROPOSALS, THE EXECUTIVE COUNCIL WHICH DETERMINED POLICY AND APPROVED BILLS, INTERESTED PARTIES, THE MEDIA AND PUBLIC OPINION WHO EXAMINED BILLS WHEN THEY WERE GAZETTED, AND FINALLY THE MEMBERS OF THE LEGISLATIVE COUNCIL WHO SCRUTINISED, DEBATED AND PASSED BILLS, WITH OR WITHOUT AMENDMENT, HE SAID.
SO LONG AS GOVERNMENT OFFICIALS RESPECTED THE SPIRIT OF +THE RULE OF LAW,+ HONG KONG'S REPUTATION AS A FREE AND OPEN SOCIETY WOULD CONTIÑUE.
IN THE UNLIKELY EVENT THAT SOME GOVERNMENT OFFICIALS WERE TO TRY TO OVERTHROW ESTABLISHED PERSONAL FREEDOMS, OR TO DISREGARD THE PROVISIONS OF HONG KONG'S ORDINANCES OR THE INTERNATIONAL CONVENANTS, OR TO CLAIM THE RIGHT TO INTERFERE WITH ACTIVITIES THAT ARE OPPOSED TO THE IR POLICIES, THE RULE OF LAW WOULD BE IN DANGER.
HONG KONG COULD THEN EXPECT PUBLIC OPINION, THE LEGISLATURE AND EVERY LAWYER TRAINED IN THE COMMON LAW TO STAND UP AND MAKE THE IR ARTICULATE PROTEST.
+ IT WOULD BE UP TO THE PERSONS AFFECTED TO EXERCISE THE IR RIGHT OF ACCESS TO THE COURTS TO CHALLENGE UNLAWFUL ACTS OF THE EXECUTIVE. IT WOULD BE UP TO HONG KONG'S JUDGES, PROUD OF THEIR ROLE AS INDEPENDENT AND IMPARTIAL GUARDIANS OF THE RULE OF LAW, TO EXERCISE THE IR JURISDICTION TO CHECK THE ABUSE OF POWER.
+ IT IS OFTEN SAID THE THE PRICE OF LIBERTY IS ETERNAL VIGILANCE.'
/+TO BE