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WEDNESDAY, JULY 14, 1993
THERE IS CONCERN THAT SOME BOR POINTS ARE NOT PURSUED IN COURTS BECAUSE OF THE PROHIBITIVE LEGAL COSTS INVOLVED. THE INTER- DEPARTMENTAL WORKING GROUP ON LEGAL AID POLICY REVIEW HAS ADDRESSED THIS POINT IN THE CONSULTATIVE PAPER ON LEGAL AID WHICH IS AT PRESENT GOING THROUGH THE PUBLIC CONSULTATION PROCESS. THE WORKING GROUP'S PRELIMINARY VIEW IS THAT THE EXISTING SCOPE OF CIVIL LEGAL AID BROAD ENOUGH TO COVER CASES INVOLVING CHALLENGES ON BOR GROUNDS. CRIMINAL CASES, THE DIRECTOR OF LEGAL AID HAS THE DISCRETION PROVIDE LEGAL AID IN SUCH CASES IN THE INTERESTS OF JUSTICE EVEN THE APPLICANT FAILS THE MEANS TEST.
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THIS DISCRETION OF THE DIRECTOR, COUPLED WITH THE EXPANSION THE DUTY LAWYER SCHEME SINCE 1991, ALSO MEANS THAT THE GOVERNMENT HAS FULLY MET ITS OBLIGATION UNDER ARTICLE 11(2)(D) OF THE BILL OF RIGHTS ORDINANCE. THAT ARTICLE PROVIDES THAT LEGAL ASSISTANCE SHOULD BE PROVIDED TO ANY PERSON CHARGED WITH A CRIMINAL OFFENCE "WHERE THE INTERESTS OF JUSTICE SO REQUIRE AND WITHOUT PAYMENT BY HIM IN SUCH CASES IF HE DOES NOT HAVE SUFFICIENT MEANS TO PAY FOR IT".
MANY MEMBERS TODAY SUGGESTED PROBLEM AREAS WHICH A HUMAN RIGHTS COMMISSION MIGHT SOMEHOW BE ABLE TO DEAL WITH, BETTER, EASIER OR MORE SPEEDILY. I HOPE WHAT I HAVE SAID EARLIER DEMONSTRATED THAT A HUMAN RIGHTS COMMISSION IS NOT A PANACEA. INCIDENTALLY, ONE OF THESE PROBLEM CASES MENTIONED BY MR K K FUNG IS EVIDENTLY NOT ONE WHICH IS IGNORED BY THE GOVERNMENT. MR FUNG HIGHLIGHTED SOME OF THE MORE OBVIOUS DEFICIENCIES OF CORPORATE VOTING IN THE FUNCTIONAL CONSTITUENCIES. HAVE TO REMIND MR FUNG THAT THIS IS ONE PROBLEM AREA WHICH IS ACKNOWLEDGED BY THE GOVERNMENT AND WE ARE SET OUT TO RECTIFY IN OUR PROPOSALS FOR THE 1994/95 ELECTORAL ARRANGEMENTS.
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MR PRESIDENT, WHILE WE APPRECIATE MEMBERS' PREFERENCE FOR MORE TO BE DONE ON THE HUMAN RIGHTS FRONT, INCLUDING THE ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION, WE HAVE TO ACKNOWLEDGE THAT HONG KONG DOES HAVE A GOOD HUMAN RIGHTS RECORD, COMPARABLE TO THE BEST IN ASIA. OUR CITIZENS WILL AGREE, I THINK, THAT WE ARE A FREE SOCIETY. I AM NOT SAYING THAT WE SHOULD BE COMPLACENT, BUT MEMBERS SHOULD ACCEPT THAT A HUMAN RIGHTS COMMISSION IS NOT ESSENTIAL FOR THE PERFORMANCE OF THE FUNCTIONS ENVISAGED BY MEMBERS, AND IT HAS INDEED ITS DRAWBACKS. WE DO NOT SEE A STRONG CASE FOR SETTING UP A HUMAN RIGHTS COMMISSION AT THIS TIME, BUT OBVIOUSLY WE ALWAYS KEEP AN OPEN MIND AND WOULD LOOK AT IT AGAIN IF AND WHEN FUTURE DEVELOPMENTS SO WARRANT. ACCORDINGLY, THE OFFICIAL MEMBERS WILL ABSTAIN FROM VOTING IN THIS MOTION.
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