XN000022-1983-11-10 — Page 14

THURSDAY, NOVEMBER 10,

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+ I HOPE AND BELIEVE THAT THE LAW WILL SOON BE CHANGED. IF THAT IS ACHIEVED, IT WILL BE A GOOD EXAMPLE OF HOW ONE MEMBER OF THIS LEGISLATIVE COUNCIL CAN PRESS FOR LAW REFORM WITH SINGLE-MINDED DETERMINATION AND BY HIS PERSISTENCE, ACHIEVE CHANGE, MR THOMAS

SAID.

MR THOMAS SAID THAT MR WONG WAS RIGHT IN THAT +POVERTY IS NOT A CRIME+,

+HOWEVER, THERE IS A POWERFUL LOBBY IN HONG KONG THAT IS STRONGLY OPPOSED TO CHANGE.

+SMALL TRADERS AND THE IR LAWYERS FIND THAT MANY DEBTORS PAY UP RATHER THAN GO TO PRISON. MANY DEBTORS ONLY GIVE DETAILS OF THE IR ASSETS IN ORDER TO GET OUT OF PRISON, HE SAID,

MR THOMAS SAID THAT IT WAS ALSO SUGGESTED THAT THERE WOULD BE DIFFICULTIES IN TRACING JUDGMENT DEBTORS IF THEY HAD FIRST TO BE SUMMONED TO COURT BEFORE THEY COULD BE SENT TO PRISON.

HE SAID THAT WHILE HE ACKNOWLEDGED THE FORCE OF THESE ARGUMENTS HE COULD NOT ACCEPT THAT IT WAS RIGHT, OUTSIDE THE AMBIT OF CRIMINAL LAW, FOR ANY PERSON TO LOSE HIS LIBERTY WITHOUT AN ORDER OF THE COURT,

NOR COULD HE ACCEPT THAT IT WAS RIGHT THAT ANY PERSON SHOULD BE IMPRISONED MERELY BECAUSE HE COULD NOT PAY HIS DEBTS,

INTERNATIONAL

MR THOMAS EXPLAINED THAT ARTICLE | OF THE COVENANT OF CIVIL AND POLITICAL RIGHTS PROVIDES THAT:

+NO ONE SHALL BE IMPRISONED MERELY ON THE GROUND OF

INABILITY TO FULFIL A CONTRACTUAL OBLIGATION. +

+SO | INTEND TO BRING FORWARD PROPOSALS FOR CHANGE IN THE

NEAR FUTURE,+ MR THOMAS SAID.

HE SAID HE WOULD LIKE TO SEE PROCEDURES ALTERED SO THAT IT IS PUT BEYOND DOUBT THAT IN ALL CASES IT IS NECESSARY FOR THE JUDGMENT CREDITOR TO OBTAIN AN ORDER FROM A JUDGE BEFORE A DEBTOR CAN BE IMPRISONED.

EVEN THEN, HE ADDED, HE WOULD LIKE TO SEE THE POWER OF THE COURT TO IMPRISON RESTRICTED TO THOSE CASES WHERE A DEBTOR OBSTRUCTED THE EXECUTION PROCESS, FOR EXAMPLE, BY DELIBERATELY HIDING HIS ASSETS OR REFUSING TO DISCLOSE HIS ASSETS OR REFUSING TO USE HIS ASSETS IN ORDER TO DISCHARGE HIS DEBT.

MR THOMAS SAID HE HOPED MR WONG WOULD BE ASSURED THAT HIS DETERMINED EFFORTS TO SEE THE LAW CHANGED IN THIS AREA HAD HIS FULL SUPPORT AND HE HOPED IT WOULD NOT BE TOO LONG BEFORE THEY SUCCEEDED.

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