XN000022-1980-01-07 — Page 5

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MONDAY, JANUARY 7, 1980'

A SECOND OBJECTIVE OF THE CEREMONY, HE SAID, WAS TO REMIND ALL THOSE WHO SERVE THE LAW OF THEIR ESSENTIAL UNITY.

+FOR MUCH OF THEIR PROFESSIONAL LIVES, SOLICITORS, COUNSEL, JUDGES AND MAGISTRATES PERFORM DIFFERENT, IF COMPLEMENTARY, FUNCTIONS WITH DIVERGENT INTEREST AND AIMS. IT IS ALL TOO EASY FOR EACH GROUP TO FORGET THAT IT IS A PART OF THE ADMINISTRATION OF JUSTICE AND NOT THE WHOLE OF IT.+

THE UNDERLYING UNITY OF PURPOSE WHICH LINKED THEM TOGETHER WAS OF FAR GREATER MOMENT THAN THE INTERESTS OF A PARTICULAR CLIENT OR THE WINNING OF A CASE, HE SAID.

A FURTHER OBJECTIVE OF THE OCCASION WAS FOR THEM TO BE REMINDED THAT A LEGAL PROFESSION AND A JUDICIARY DO NOT EXIST TO FURTHER THEIR OWN INTERESTS.

+THEIR PROPER GOAL IS TO PROVIDE A SERVICE TO THE COMMUNITY, BY MAINTAINING A REASONABLY SWIFT AND EFFECTIVE PROCEDURE FOR THE SETTLEMENT OF DISPUTES.

+NO SYSTEM WHICH KEEPS ACCUSED PERSONS IN GAOL FOR MANY MONTHS WITHOUT TRIAL IS A JUST ONE. NO SYSTEM WHICH KEEPS AN INJURED MAN WAITING FOR YEARS BEFORE HIS ACTION FOR PERSONAL INJURIES IS HEARD, IS A FAIR ONE. A SYSTEM WHICH ALLOWS A PARTY TO DENY RELIEF TO ANOTHER FOR A SUBSTANTIAL TIME BY TECHNICAL OBJECTIONS, BY DELAYING TACTICS OR BY A MISUSE OF COURT PROCEDURES IS NOT ACCEPTABLE IN A CIVILISED SOCIETY,+ SIR DENYS SAID.

HE NOTED THAT A HIGH PROPORTION OF OUR POPULATION CAME HERE FROM ELSEWHERE, FOR A VARIETY OF REASONS, AND HE DOUBTED IF MANY OF THEM REGARDED THE MERIT OF OUR LEGAL AND JUDICIAL PRINCIPLES AS ONE OF THEM ALTHOUGH THEY SHOULD HAVE DONE.

HONG KONG DOES NOT OFFER WHAT IS COMMONLY CALLED A DEMOCRATIC SOCIETY BUT WHAT IT DOES PROVIDE IS A GENUINELY FREE SOCIETY.

+BY THIS, I MEAN A SOCIETY IN WHICH EVERYONE IS SUBJECT TO THE LAW, WHERE NOBODY CAN BE DEPRIVED OF HIS PROPERTY OR PERSONAL FREEDOM SAVE IN ACCORDANCE WITH THE LAW AND WHERE HE CAN, WITHIN THOSE LIMITS WHICH EVERY COMMUNITY PRESCRIBES FOR THE PRESERVATION OF ORDER AND PERSONAL REPUTATION, SAY WHAT HE THINKS AND PURSUE HIS OWN LIFE WITHOUT THE INTERVENTION OF THE STATE.

+THE ONLY SURE GUARANTEE OF SUCH A FREE SOCIETY IS AN IMPARTIAL, INDEPENDENT AND FEARLESS JUDICIARY. THIS PRICELESS ADVANTAGE HAS BEEN ENJOYED BY HONG KONG SINCE 1841. OUR JUDGES AND MAGISTRATES ARE NOT ALWAYS WISE, OR PATIENT, OR CLEVER, OR LEARNED. BUT THERE ARE FEW WHO DO NOT POSSESS IN FULL MEASURE THE QUALITIES WHICH ARE ESSENTIAL TO THE PRESERVATION OF PERSONAL FREEDOM,+ SIR DENYS SAID.

EARLIER IN THE AFTERNOON, SIR DENYS INSPECTED A GUARD OF HONOUR COMPRISING MEMBERS OF THE MILITARY SERVICE CORPS AT EDINBURGH PLACE AND ATTENDED A CHURCH SERVICE IN ST. JOHN'S CATHEDRAL TO MARK THE OPENING OF THE LEGAL YEAR.

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