XN000022-1983-12-07 — Page 9

"EDNESDAL, DECEMBER 7, 1983

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MR THOMAS SAID THAT AS THE MEASURE WAS BEING BROUGHT FORWARD AS A MATTER OF URGENCY HE APPRECIATED THAT THERE MAY WELL BE SCOPE FOR IMPROVING DETAILS OF PROCEDURES PROPOSED. TWO PARTICULAR MATTERS WERE IN HIS MIND AS THE SUBJECT OF AMENDMENTS AT THE COMMITTEE STAGE.

FIRSTLY, SO FAR AS ORDER 44A IS CONCERNED, IN ORDER TO PROTECT DEBTORS FROM BEING IMPRISONED IN RELATION TO DISPUTED CLAIMS, THE CREDITOR SHOULD BE REQUIRED TO APPLY TO THE COURT TO TURN HIS CLAIM INTO A JUDGMENT WITHIN A SHORT TIME OF OBTAINING A RESTRAINING ORDER. THERE IS A PROCEDURE FOR SUMMARY JUDGMENT AND IF THE CREDITOR IS UNABLE WITHIN A FEW DAYS TO SATISFY THE COURT THAT HE HAS A VALID CLAIM, THE DEBTOR SHOULD BE ENTITLED TO HIS RELEASE.

SECONDLY, THERE SHOULD BE SOME ALTERNATIVE TO ARREST AND IMPRISONMENT BOTH BEFORE AND AFTER JUDGMENT. IT WOULD OFTEN BE JUST AS VALUABLE TO THE CREDITOR, AND FAR LESS ONEROUS TO THE DEBTOR, IF THE COURT HAD THE POWER TO MAKE AN ORDER PROHIBITING THE DEBTOR FROM LEAVING HONG KONG WHICH COULD BE ENFORCED WITH THE AID OF THE IMMIGRATION AUTHORITIES, SAID MR THOMAS. THE AMENDMENT HE IS CONSIDERING WOULD HAVE THIS EFFECT.

STATING THAT IT SHOULD BE THE COURT, AND NOT THE CREDITOR, WHO DECIDES IF A DEBTOR SHOULD BE JAILED, MR THOMAS SAID THAT THE PROCEDURES PROPOSED WOULD BE OF CONSIDERABLE VALUE TO CREDITORS IN DISCOVERING WHETHER DEBTORS HAVE ASSETS OR INCOME FROM WHICH PAYMENTS CAN BE MADE, AND TO ENSURE THAT DEBTORS MEET THEIR DEBTS SO FAR AS THEIR RESOURCES PERMIT.

THE REFORMS WERE LONG OVERDUE, SAID MR THOMAS.

+MANY COUNTRIES DO NOT TOLERATE IMPRISONMENT FOR CIVIL DEBT. THESE MEASURES ARE THEREFORE A COMPROMISE WHICH GO FAR TO MEET THE LEGITIMATE NEEDS OF THE FINANCIAL AND TRADING COMMUNITY IN THE SPECIAL CIRCUMSTANCES OF HONG KONG WHILST RECOGNISING THAT THE LIBERTY OF THE PERSON IS AN IMPORTANT FREEDOM WHICH ONLY THE COURTS SHOULD TAKE AWAY, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED TO DECEMBER 21.

BILL ACCORDS WOMEN LEGAL IDENTITY ****

THE INLAND REVENUE (AMENDMENT) (NO. 5) BILL 1983 GIVES MARRIED WOMEN THE LEGAL IDENTITY THEY HAVE SOUGHT, THE FINANCIAL SECRETARY, THE HON SIR JOHN BREMRIDGE, TOLD THE LEGISLATIVE COUNCIL TODAY.

MOVING THE SECOND READING OF THE BILL, SIR JOHN SAID THAT WHILE THE PROPOSED PROVISIONS UNDER THE BILL WOULD NOT GIVE RISE TO ANY SAVINGS IN THE TOTAL TAX PAYABLE BY THE FAMILY UNIT, THEY WERE NOT SIMPLY COSMETIC.

+THEY ARE DESIGNED TO MEET THE COMPLAINT THAT THE PRESENT LEGISLATION IS ARCHAIC AND OFFENSIVE TO WOMEN, IN THAT IT MAKES THEM SECOND CLASS CITIZENS; AND THEY WILL THUS ACCORD MARRIED WOMEN THE LEGAL IDENTITY WHICH THEY HAVE PROPERLY SOUGHT, + SIR JOHN EXPLAINED.