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MONDAY, NOVEMBER 22, 1993
SO IT FOLLOWS THAT PRESERVING HONG KONG'S RULE OF LAW IS ESSENTIAL TO PRESERVING HONG KONG'S PROSPERITY AND ITS WAY OF LIFE. LET ME SAY A WORD ABOUT THIS.
THE
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IN
ROLE OF GOVERNMENT IN HONG KONG IS THAT OF A REFEREE. 'ODAY'S TERMS IT IS, AND I QUOTE, "TO ENSURE A LEVEL PLAYING- FIELD FOR ALL PLAYERS" WHETHER HONG KONG, FOREIGN OR PRC. THAT IS WHAT HONG KONG'S LEGAL SYSTEM PROVIDES. INDEED, A SIGNIFICANT PROOF OF THE VALUE of the LEGAL SYSTEM HAS BEEŃ THE INCREASING NUMBER OF FIRMS WHICH HAVE SET UP IN HONG KONG. THEY ALL NEED HONG KONG OFFICES. TO SERVICE THE EXPORT CONTRACTS OF THEIR ENTERPRISES. CONTRACTS WITH THE HONG KONG BRANCHES OF PRC ENTERPRISES ARE GOVERNED BY HONG KONG LAW. ANY DISPUTE CAN BE RESOLVED BY ARBITRATION OR THROUGH THE COURTS. JUDGMENTS ARE EASILY ENFORCED. THIS IS AN IMMENSE ADVANTAGE WHEN DOING BUSINESS. IN THE PRC THESE REMEDIES ARE NOT AVAILABLE. ARBITRATION AWARDS OFTEN CANNOT BE ENFORCED, EVEN WHEN THE COURTS IN BEIJING ORDER THEIR ENFORCEMENT.
WORDS,
NOW, NONE OF THAT, IS PATTEN SPEAKING; THOSE ARE NOT MY THOSE ARE THE WORDS OF SINGAPORE'S SENIOR MINISTER LEE KUAN YEW, WHEN HE LAST VISITED HONG KONG. HE WAS ABSOLUTELY RIGHT TO UNDERLINE THE IMPORTANCE OF THE RULE OF LAW, AND ITS ROLE IN CREATING HONG KONG'S PROSPERITY. I AM DELIGHTED TO SEE THAT THE SENIOR MINISTER IS ONCE AGAIN EXERCISING HIS RIGHT TO FREEDOM OF SPEECH IN HONG KONG TODAY.
WHAT DOES THAT RULE OF LAW AMOUNT TO? INDEPENDENT COURTS, EQUALITY BEFORE THEM FOR GOVERNOR AND GOVERNED ALIKE. IT MEANS THE BILL OF RIGHTS AND ALL THAT IT CONTAINS. IT MEANS NOT BEING ABLE TO LOCK PEOPLE UP ON A WHIM. IT MEANS A FREE PRESS - FREE TO ENQUIRE AND FREE TO ASK DIFFICULT QUESTIONS. IT MEANS LAWS PROPERLY AND FAIRLY ENACTED BY THE LEGISLATURE; THE LEGISLATURE TO WHICH THE EXECUTIVE IS ACCOUNTABLE. THE RULE OF LAW IS NOT A KIND OF OPTIONAL
EXTRA, A BAUBLE AWARDED TO SOCIETIES THAT REACH A CERTAIN DEGREE OF ECONOMIC ADVANCEMENT AND SOPHISTICATION. IT HAS BEEN ONE OF THE FOUNDATIONS OF HONG KONG'S PROSPERITY, AS WELL AS OF THE ESSENTIAL UNDERPINNING FOR ITS JUST, DECENT AND TOLERANT SOCIETY...
GIVEN THAT THIS HAS ALL WORKED SO WELL, ONE OF THE MORE BIZARRE CRITICISMS I ENCOUNTER IS THE NOTION THAT WHAT WE ARE TRYING
TO DO, WHICH IS ESSENTIALLY ΤΟ PRESERVE A SYSTEM THAT HAS WORKED SPECTACULARLY WELL, IS SOMEHOW UNSUITED TO ASIA; AN ALIEN IMPLANT THAT WON'T TAKE ROOT HERE, OR CERTAINLY NOT FOR THE TIME-BEING. IT IS A CURIOUS ARGUMENT, GIVEN THAT HONG KONG IS LIVING PROOF THAT THESE CONCEPTS DO WORK AS WELL IN ASIA AS THEY DO ANYWHERE ELSE.
FOR
A FUNDAMENTAL COMPONENT OF THE RULE OF LAW IS A PROPER REGARD HUMAN RIGHTS. YES, HUMAN RIGHTS. TOO OFTEN REGARDED BY SOME COMMENTATORS AS TWO INAPPROPRIATE WORDS IN ASIA. WE HAVE THEM HERE IN HONG KONG. WE HAVE HAD THEM FOR YEARS, LONG BEFORE HONG KONG'S GDP PER HEAD EQUALLED OR OVERTOOK THAT OF CANADA, AUSTRALIA AND A NUMBER OF EUROPEAN COUNTRIES. BUT IF YOU LISTEN TO THESE COMMENTATORS,
WE SHOULDN'T HAVE DONE SO. LISTEN TO THEM, AND WE SHOULD HAVE WAITED UNTIL HONG KONG'S AFFLUENCE REACHED A CERTAIN UNDEFINED LEVEL STARTING ΤΟ TAKE HUMAN RIGHTS SERIOUSLY, OTHERWISE THEY MIGHT, TIRESOMELY, HAVE GOT IN THE WAY OF OUR ECONOMIC ADVANCE. AND WHERE WOULD WE HAVE BEEN?
BEFORE
THEN
/THIS SAME