XN000022-1984-06-27 — Page 4

WEDNESDAY, ME 27, 19c.

+ THE LAWS THAT HAVE TAKEN ROOT HERE HAVE PROVIDED THE BASIS FOR A SOCIETY IN WHICH THE FREEDOM OF INDIVIDUALS IS TAKEN FOR GRANTED, WHERE NO-ONE IS DENIED A FAIR TRIAL AND WHERE NO-ONE STANDS ABOVE THE LAW, HOWEVER STRONG OR POWERFUL HE MIGHT BE.

+SYSTEMS OF THIS KIND CANNOT BE THROWN TOGETHER OVERNIGHT. THEY ARE NOT ACHIEVEMENTS OF HARDWORKING COMMITTEES. THEY ARE THE PRODUCT OF HISTORY, HE SAID.

DEALING,

NOTING THAT THESE SYSTEMS DO NOT DEPEND MERELY ON THE UP-TO-DATE LETTER OF THE LAW, MR THOMAS SAID TRADITIONAL CONCEPTS OF FAIR DEAL ING, RULES OF NATURAL JUSTICE, PRINCIPLES OF GOOD ADMINISTRATION, ALL COME TO BE TAKEN FOR GRANTED WHEN THEY DERIV= FROM A MATURE AND DEVELOPED LEGAL SYSTEM IN WHICH GENERATIONS OF JUDGES, LAWYERS AND ADMINISTRATORS HAVE BEEN BROUGHT UP.

+SO BOTH THE SPIRIT AND THE TEXTS OF A LEGAL SYSTEM PROVIDE THE FABRIC OF A SOCIETY ON WHICH CAN BE WOVEN THE WAY OF LIFE THAT INDIVIDUALS ENJOY AND THE MANNER IN WHICH THEY EXPECT TO BŁ GOVERNED, HE SAID.

UNOFFICIALS IN THE IR SPEECHES HAD EMPHASISED PARTICULAR FEATURES OF THE LEGAL SYSTEM THAT CONTRIBUTE TO ITS IMPORTANCE, HE NOTED.

HE ADDED THAT PERHAPS ABOVE ALL ELSE. THEY HAD DEMONSTRATED THE OVERRIDING NEED FOR AN INDEPENDENT JUDICIARY APPOINTED ON MERIT, SECURE IN TENURE OF OFFICE, AND IMMUNE FROM EXTERNAL PRESSURE AND INFLUENCE.

+ THE COUNCIL WOULD DO WELL TO PONDER UPON THESE VIEWS OF FELLOW MEMBERS WHO ENJOY A DISTINGUISHED STATUS IN THE LEGAL PROFESSION AND WHO SPEAK WITH SUCH EVIDENT CONVICTION AND CONCERN, + HE SAID.

LEGAL SYSTEM MUST FREELY FUNCTION BEYOND 1997 - TAM

****

HONG KONG'S LEGAL SYSTEM MUST BE ALLOWED TO FREELY FUNCTION BEYOND 1997 IN ORDER TO MAINTAIN INTERNATIONAL CONFIDENCE IN HONG KONG, THE HON MARIA TAM SAID IN THE LEGISLATIVE COUNCIL TODAY.

+ IT IS ABSOLUTELY ESSENTIAL THAT WHEN WE TALK ABOUT MAINTAINING THE FREEDOMS AND RIGHTS OF THE INDIVIDUAL UNDER THE LAW, WE CAN IN FACT MAINTAIN THE QUALITY OF SUCH FREEDOMS AND RIGHTS AS WE KNOW THEM NOW, SHE SAID IN AN ADJOURNMENT DEBATE.

+THE TEST OF THE QUALITY OF SUCH FREEDOMS AND RIGHTS LIES NOT ONLY IN THE IMPORTANCE OF THE DOCUMENT IN WHICH THE WORDS ARE WRITTEN, BUT ALSO IN THE ACTUAL PRACTICE OF THE LAW, AND IN GIVING THE INDIVIDUAL MAXIMUM PROTECTION FROM THE VIOLATION OR DEPRIVATION OF SUCH RIGHTS AND FREEDOMS, +

, MISS TAM