XN000022-1982-11-24 — Page 35

WEDNESDAY, NOVEMBER 24, 1982

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PRESERVING CIVIL LIBERTIES IN HONG KONG

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HONG KONG IS UNIQUE IN THAT TWO QUITE COMMON FEATURES OF SOCIETY ELSEWHERE A GOVERNMENT THAT CANNOT BE CHANGED BY ELECTION, AND A COMPREHENSIVE SET OF CIVIL LIBERTIES ARE FOUND IN THE SAME PLACE, THE SECRETARY FOR HOME AFFAIRS, MR DENIS BRAY SAID TODAY.

HE SAID CIVIL LIBERTIES ARE PRESERVED IN HONG KONG PARTLY BECAUSE WE BELIEVE IN THEM BUT PARTLY ALSO BECAUSE WE KNOW THAT PARLIAMENT, IN THE BACKGROUND, WOULD BE BOUND TO USE ITS POWER TO ENSURE THAT ANY EROSION OF THEM WOULD BE REVERSED.

+THE

+THE CONSTITUTIONAL POWERS ARE THERE,+ MR BRAY EXPLAINED. SECRETARY OF STATE CAN DIRECT THE GOVERNOR AND DISALLOW ORDINANCES. HE HAS NOT HAD TO DO SO BECAUSE THE FEELINGS OF PARLIAMENT ON THESE BASIC CIVIL LIBERTIES ARE SO WELL KNOWN THAT THEY ARE NEVER CHALLENGED.

+PARLIAMENT HAS A HISTORY OF HUNDREDS OF YEARS DURING WHICH IT SEIZED THESE CIVIL LIBERTIES FIRST FROM THE KINGS AND THEN FROM THE NOBLES SO THAT ORDINARY PEOPLE COULD ENJOY THEM IN THEIR DAILY LIVES. IT IS ON THIS INSTITUTION THAT OUR OWN CIVIL LIBERTIES ULTIMATELY REST, HE SAID.

MR BRAY SAID HONG KONG HAS A UNIQUE SOCIETY BECAUSE IT HAS A GOVERNMENT WHICH IS NOT ACCOUNTABLE TO AN ELECTORATE BUT WHICH LISTENS TO THE PEOPLE, AND A GOVERNMENT WHICH HAS NO APPARENT LIMITS TO ITS POWER BUT WHICH PRESERVES BASIC CIVIL LIBERTIES FOR ITS PEOPLE.

SPEAKING TO THE ZONTA CLUB OF HONG KONG AT THEIR LUNCHEON MEETING, MR BRAY SET OUT THE CIVIL LIBERTIES WHICH HONG KONG PEOPLE ENJOY THEY CAN LIVE AND WORK WHERE THEY LIKE, THEY CAN TRAVEL FREELY IN AND OUT OF HONG KONG AND MOVE AROUND AS THEY PLEASE. THEY CANNOT BE ARRESTED OR LOCKED UP BY THE POLICE FOR MORE THAN A FEW HOURS BEFORE THEY MUST BE BROUGHT BEFORE THE COURTS, THE COURTS WILL SET THEM FREE UNLESS IT CAN BE PROVED BEYOND ALL REASONABLE DOUBT THAT THEY HAVE COMMITTED SOME CRIME - SOME OFFENCE AGAINST A LAW WRITTEN DOWN AND INTERPRETED BY THE COURTS; AND THE COURTS DECIDE THE PUNISHMENT OF THE GUILTY. THESE COURTS ARE THEMSELVES ENTIRELY INDEPENDENT OF THE ADMINISTRATION. THEY CANNOT BE TOLD WHAT TO DO EVEN BY THE GOVERNOR. THERE IS A FREE AND PROLIFIC AND COMPETITIVE PRESS COVERING EVERY IMAGINABLE SHADE OF POLITICAL OPINION. ITS REPORTERS FREELY WRITE ABOUT EVENTS IN AND OUT OF HONG KONG, AND ITS EDITORS FREELY CRITICISE THE GOVERNMENT OR ANYONE ELSE THEY WANT, KNOWING THEY WILL NOT BE CLOSED DOWN.

IN ORDER TO MAINTAIN THIS UNIQUENESS OF OUR SOCIETY, THE GOVERNMENT IS SUBMITTED TO SEVERE DISCIPLINE. SINCE WE CANNOT LOCK UP PEOPLE WE DO NOT LIKE OR CLOSE DOWN NEWSPAPERS THAT DISAGREE WITH US WE ARE OBLIGED TO LISTEN TO WHAT PEOPLE SAY. WE DID NOT DO SO AND YET ATTEMPTED TO PRESERVE CIVIL LIBERTIES, HONG KONG WOULD BECOME QUITE UNGOVERNAELE, MR BRAY SAID.

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