XN000022-1978-08-02 — Page 25

WEDNESDAY, AUGUST 2, 1978

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MP. LO SAID HE DID NOT SUGGEST THAT TODAY IT WILL BE QUITE AS EY TO ESTABLISH A PERSON'S BELIEF IN FILIAL PIETY.

+1 MAKE THE POINT MERELY TO ILLUSTRATE THE NECESSITY TO TAKE INTO ACCOUNT THE MORES OF A PEOPLE, THEIR CUSTOMS AND BELIEFS BEFORE A SENTENCE CAN BE PROPERLY PASSED. HOWEVER, SUCH CUSTOMS AND BELIEFS SHOULD ONLY BE TAKEN INTO ACCOUNT WITHIN THE FRAMEWORK OF THE LAW AND HENCE WITHIN THE GENERAL FRAMEWORK OF A COHESIVE SENTENCING POLICY, HE SAID.

HE AGREED WITH THE OTHER UNOFFICIAL MEMBERS WHO REFERRED TO THE BILL AS A COMPROMISE. IT IS NONETHELESS, HE SAID, A SOLUTION.

HE THOUGHT THE ROLE OF THE ASSESSORS WOULD HAVE TO BE CAREFULLY DEFINED, AND SAID THAT IT REMAINS THE FUNCTION OF THE MAGISTRATE TO SET OUT THE LAW WHICH INCLUDES THE PROPER RANGE OF THE SENTENCE FOR A PARTICULAR CASE.

+THIS IS AN IMPORTANT POINT BECAUSE WHILST IT IS DESIRABLE TO HAVE THE LAW MORE FINELY TUNED BY KNOWLEDGE OF LOCAL MORES. IT WOULD BE DISASTROUS IF THE LAW IS SUPPLANTED BY THEM OR BY THE TEACHINGS OF CONFUCIUS,+ HE SAID.

HE HOPED. THE MAGISTRACIES WOULD SOON BE ABLE TO DO WITHOUT INTERPRETERS. THIS WOULD BE WELCOMED BY THE BULK OF THOSE WHO GO BEFORE OUR COURTS AND WOULD SHORTEN COURT PROCEEDINGS DRAMATICALLY AND THUS REDUCE THE ENORMOUS PRESSURE OF WORK.

INCREASE IN PAYMENT TO PENSIONERS

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THE LEGISLATIVE COUNCIL TODAY ADOPTED TWO MOTIONS WHICH ENABLE THE PENSIONS, INCLUDING PREVIOUS INCREASES ALREADY APPROVED, OF ELIGIBLE PENSIONERS TO BE INCREASED BY FIVE PER CENT WITH EFFECT FROM OCTOBER 1, THIS YEAR.

MOVING THE TWO MOTIONS UNDER THE PENSIONS (INCREASE) ORDINANCE AND THE WIDOWS AND ORPHANS PENSION (INCREASE) ORDINANCE, THE SECRETARY FOR THE CIVIL SERVICE, THE HON. MARTIN ROWLANDS NOTED THAT THE INCREASE WAS DUE TO THE RISE OF 5.8 POINTS, OR 5.05 PER CENT ON THE MOVING ANNUAL AVERAGE OF THE CONSUMER PRICE INDEX (A) DURING THE PERIOD FROM JULY 1, 1977 TO JUNE 30, THIS YEAR.

+THE COST OF THE INCREASE IS ESTIMATED TO BE $3.6 MILLION FOR THE REMAINDER OF THE CURRENT FINANCIAL YEAR AND $7.2 MILLION IN A FULL YEAR, HE SAID.

MR. ROWLANDS ALSO NOTED THAT THE GOVERNMENT IN DECEMBER, 1975 UNDERTOOK TO MAINTAIN THE ORIGINAL PURCHASING POWER OF CIVIL SERVICE PENSIONS INCLUDING WIDOWS AND ORPHANS PENSION, BY MAKING PERIODIC ADJUSTMENTS TO REFLECT CHANGES IN THE COST OF LIVING.

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