XN000022-1983-11-10 — Page 12

THURSDAY, NOVEMBER 10, 1983

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VITAL FOR LEGAL SYSTEM TO BE PRESERVED ATTORNEY GENERAL

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IT IS ESSENTIAL TO THE WELL-BEING OF THE COMMUNITY THAT THE CARDINAL FEATURES OF THE HONG KONG LEGAL SYSTEM BE PRESERVED, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID IN THE LEGISLATIVE COUNCIL TODAY.

SPEAKING IN SUPPORT OF THE MOTION OF THANKS FOR THE GOVERNOR'S ADDRESS, MR THOMAS SAID HE WHOLE-HEARTEDLY SUPPORTED THE REMARKS MADE EARLIER BY THE HON JOHN SWAINE, IN HIS MOST TELLING AND

INCISIVE SPEECH.+

MR THOMAS SAID HE ALSO SUPPORTED THE REMARKS MADE BY THE GOVERNOR IN HIS ADDRESS, ABOUT THE IMPORTANCE TO HONG KONG'S REPUTATION AS A MAJOR COMMERCIAL AND TRADING CENTRE +THAT ALL WHO LIVE AND TRADE HERE SHOULD HAVE CONFIDENCE IN THE RULE OF LAW+.

THIS MIGHT WELL HAVE BEEN THE FIRST DEBATE OF THIS KIND IN WHICH MEMBERS OF THE COUNCIL HAD GONE OUT OF THEIR WAY TO FIND WORDS OF PRAISE FOR THE CONCEPT OF THE RULE OF LAW AND FOR THE LEGAL INSTITUTIONS THAT ARE ITS GUARDIANS IN HONG KONG, MR THOMAS SAID.

+EVEN LAWYERS, USED TO COMPARISON WITH SCAVENGERS AND PARIAHS, HAVE FOR ONCE COME IN FOR COMPLIMENTARY REFERENCES,+ HE SAID.

THE ATTORNEY GENERAL SAID HE HAD NO DOUBT THAT MEMBERS WERE RIGHT TO HAVE IN MIND IN THIS TIME OF HONG KONG HISTORY THOSE FEATURES OF ITS LEGAL SYSTEM THAT MAKE HONG KONG A FREE AND OPEN SOCIETY IN WHICH THOSE WHO ARE BUT INDIVIDUALS ARE GUARANTEED BASIC HUMAN RIGHTS, IN WHICH THOSE WHO ARE POWERFUL FIND THEMSELVES SUBJECT TO CONTROL AND CORRECTION, AND IN WHICH ALL ARE EQUAL BEFORE THE COURTS.

ON THE +CONTROVERSIAL TOPIC OF CAPITAL PUNISHMENT+ RAISED BY THE HON LYDIA DUNN, MR THOMAS SAID: +HER BEGUILING LOGIC LIKE EVERY GOOD POLITICAL SPEECH CONTAINED SOMETHING FOR EVERYONE.

+CAPITAL PUNISHMENT IS POPULAR SHE SAYS, AND THE RECENT BRITISH PARLIAMENTARY VOTE WAS A DISAPPOINTMENT TO THE PEOPLE OF HONG KONG. SO LET'S KEEP CAPITAL PUNISHMENT.

+ON THE OTHER HAND SHE SAYS IT MAKES A MOCKERY OF OUR SYSTEM TO RETAIN THE PROCEDURES OF CAPITAL PUNISHMENT GIVEN THE PRESENT REALITIES. SO LET'S GET RID OF CAPITAL PUNISHMENT.

MR THOMAS SAID HE HAD PREVIOUSLY MADE KNOWN HIS PERSONAL CONVICTION THAT SOCIETY HAD NO RIGHT DELIBERATELY AND IN COLD BLOOD TO KILL ONE OF ITS MEMBERS UNLESS THERE WAS SOME NECESSITY TO DO SO.

SO LONG AS THERE WAS THE FEARFUL PROSPECT OF LIFE IMPRISONMENT, THERE WAS NO NEED TO KILL MERELY TO PUNISH, HE SAID.

/+EQUALLY I