MONDAY, JANUARY 7, 1991
4
AG OUTLINES MAJOR CHALLENGES FACING LAWYERS
MAJOR CHALLENGES FACING LAWYERS WOULD ARISE THROUGH THE BILL OF RIGHTS, THE COMPLETION OF THE SINGLE EUROPEAN MARKET IN 1992 AND THE INTERNATIONAL NEGOTIATIONS ON TRADE IN SERVICES, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID TODAY (MONDAY).
MATHEWS SAID: SPEAKING AT THE OPENING OF THE LEGAL YEAR, MR "THE BILL OF RIGHTS IS NOT DESIGNED TO BRING ABOUT A REVOLUTION IN OUR LAWS AND OUR LEGAL SYSTEM. IT IS A RESTATEMENT IN LEGISLATIVE FORM OF THOSE CIVIL AND POLITICAL RIGHTS WHICH ARE ALREADY KNOWN TO US. »
AN EFFECTIVE "THE BILL SHOULD ENABLE THE INDIVIDUAL TO SEEK
THE THOSE RIGHTS.
LEGAL REMEDY IN OUR COURTS FOR VIOLATIONS OF
FAMILIAR ΤΟ EVERY LAWYER PRINCIPLES WHICH IT ENUNCIATES WILL BE
IF
PRINCIPLES THOSE TRAINED IN
LAW SYSTEM, EVEN PACKAGED IN A NOVEL FORM.'
COMMON THE
14
ARE
PROPOSED
IT WAS
THE LEGISLATIVE
THAT
THE BILL
WOULD
BE
CONSTITUTIONALLY
UNDERPINNED BY AN AMENDMENT TO THE LETTERS PATENT WHICH WOULD PROHIBIT
ENACTING FROM COUNCIL
VALID
LAWS INCONSISTENT WITH THE INTERNATIONAL COVENANT ON CIVIL RIGHTS WHICH WAS REPRODUCED IN THE BILL.
THAT WERE AND POLITICAL
"THIS MEANS THAT WHERE AN INDIVIDUAL CHALLENGES A NEW OF THE THE BASIS THAT THE LEGISLATURE DID NOT, BY REASON PATENT, HAVE THE POWER TO MAKE THAT LAW, THE COURTS WILL BE REVIEW IT.
LAW ON LETTERS ABLE ΤΟ
BILL,
OF
"AS FOR EXISTING LAWS, IF THEY ARE INCONSISTENT WITH THE THEY ARE REPEALED TO THE EXTENT OF THAT INCONSISTENCY BY OPERATION
MR MATHEWS SAID. WELL-KNOWN RULES OF STATUTORY INTERPRETATION,
17
IF ENACTED IN WHO WERE
HE SAID IT WAS LIKELY THAT THE BILL OF RIGHTS, PRESENT FORM, WOULD HAVE ITS GREATEST IMPACT ON THOSE INVOLVED IN LITIGATION, PARTICULARLY CRIMINAL LITIGATION.
ITS
AND "VIOLATIONS OF THE BILL'S PROVISIONS MAY RESULT IN JUDGES
APPROPRIATE AND MAGISTRATES GRANTING SUCH RELIEF AS THEY CONSIDER JUST, WHICH IN THE CONTEXT OF CRIMINAL TRIALS MAY FOR EXAMPLE MEAN THE BILL'S ENACTMENT, MIGHT EXCLUSION OF EVIDENCE WHICH, PRIOR TO THE OTHERWISE HAVE BEEN ADMITTED,
**
HE SAID.
BUT THE BILL SHOULD NOT BE IGNORED BY CIVIL PRACTITIONERS.
ΤΟ ADDRESSED SAID
PRIMARILY IT MATHEWS
WAS ALTHOUGH
IN HONG KONG. AUTHORITIES, THE BILL WOULD BIND EVERYONE
MR
PUBLIC
"FOR EXAMPLE LIMITATIONS ON PERSONAL FREEDOMS WHICH ARE IMPOSED BY EMPLOYERS WILL HAVE TO BE SHOWN TO BE COMPATIBLE WITH THE BILL.
BUSINESS CONCERNS
SEEK
"IN THIS CONTEXT, LEGAL ADVISERS TO LARGE MIGHT WELL BE ASKED TO CONSIDER WHETHER SERVICE AGREEMENTS WHICH TO IMPOSE LIMITATIONS ON THE CIVIL AND POLITICAL RIGHTS OF EMPLOYEES, SUCH AS THE RIGHT TO FREEDOM OF ASSOCIATION; THE RIGHT TO FREEDOM EXPRESSION AND OPINION; AND THE RIGHT TO PARTICIPATE IN PUBLIC ARE COMPATIBLE WITH THE BILL OF RIGHTS.
OF
LIFE,
/"IT SHOULD