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THURSDAY, MAY 21, 1987
*THE JOINT DECLARATION UNDERLINES THAT,+ HE ADDED.
HE SAID IT WAS PROVIDED THAT HONG KONG MAY RECRUIT JUDGES FROM OTHER COMMON LAW JURISDICTIONS TO SIT IN THE COURT OF FINAL APPEAL,+IN THAT WAY, YE SHALL ENJOY IN HONG kone's courtS THE BENEFIT OF JUDICIAL TÅLENT TRAINED AND BROUGHT UP IN OTHER COMMG | LAY JURISDICTIONS, BRINGING THEIR ACQUIRED SKILLS AND KNOWLEDGE TO DEAR UPON HONG KONG'S PROBLEMS.
+$ʊ HONG KONG'S LEGAL SYSTEM WILL NOT LIE IN SOME SPACE CAPSULE, CUT OFF FROM THE REST OF THE COMMON LAW WORLD.+
+INSTEAD IT WILL REMAIN PART OF IT, INVOLVED IN IT, AND INSPIRED BY IT, MR THOMAS SAID.
THE THIRD FEATURE OF THIS IMPORTANT PROVISION WAS THAT THE PRESERVATION OF THE COMMON LAW IN HONG KONG WOULD CONTINUE TO PROVIDE A SAFEGUARD FOR THE RIGHTS OF INDIVIDUALS AND TO PROVIDE SAFEGUARDS AGAINST ABUSE OF POWER, HE SAID,
+THERE ARE A WEALTH OF CASES TO PEO OUT THE ESSENTIAL FEATURE OF THE RULE OF LAW THAT NO PERSON, NOT EVEN THE HIGHEST MEMBER OF THE EXECUTIVE, NOR THE MOST HUMBLE POLICE OFFICER OR BUREAUCRAT MAY TAKE ANY STEP TO DEPRIVE AN INDIVIDUAL OF LIBERTY OR PROPERTY OR ANY VALUABLE RIGHT UNLESS HE CAN POINT TO SPECIFIC IT HORITY UNDER THE LAW TO DO $0.
+THIS IS PART OF THE THEME OF THE COMMON LAW THAT EVERY PERSON IS FREE TO DO AS HE WISHES SO FAR AS THE LAW IS CONCERNED, UNLESS THERE IS A PROHIBITION OR RESTRAINT IMPOSED BY THE LAW,+ THE ATTORNEY GENERAL SAID,
HE NOTED THAT ONLY LAST WEEK THE COURT OF APPEAL SAID THAT HONG KONG WAS NOT A PLACE WHERE EVERYTHING WAS FORBIDDEN EXCEPT THAT WHICH WAS EXPRESSLY PERMITTED: RATHER IT WAS A PLACE WHERE EVERYTHING WAS PERMITTED EXCEPT THAT WHICH WAS EXPRESSLY FORBIDDEN.
MANY OF THE CHECKS AND SAFEGUARDS WHICH ARE TAKEN FÖR GRANTES IN THE ADMINISTRATION OF JUSTICE ARE DERIVED FROM PRINCIPLES DEVELOPED BY THE COMMON LAW, HE SAID.
FOR EXAMPLE, THE INDEPENDENCE OF THE JURY, THE RIGHT OF JURORS TO GIVE A VERDICT ACCORDING TO THEIR CONSCIENCE AND NOT UNDER ANY COERCION OR THREAT: THE RIGHT TO PERSONAL LIBERTY WHICH WAS SAFEGUARDED BY THE PROCEDURES OF HABEAS CORPUS ; THE PRESUMPTION OF INNOCENCE, THE RIGHT TO BE SILENT IN THE FACE OF QUESTIONING THE DUTY OF ADMINISTRATORS TO DEAL WITH THE PUBLIC FAIRLY AND EVEN-HANDEDLY, AND 50 ON, HE ADDED.
IN CONCLUSION, THE ATTORNEY GENERAL SAID1 +THE JOINT DECLARATION ACKNOWLEDGES THE FACT THAT THE LAW WILL PLAY AN IMPORTANT PART IN THE HONG KONG SAR TO PROMOTE THE PROSPERITY AND STABILITY OF THE TERRİTORY,+
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