XN000022-1984-06-27 — Page 5

#EDNESDAY, JUNE 27, 1904

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MISS TAM SAID SHE BELIEVED THAT TO GIVE SUCH PROTECTION, +WE MUST DEFINE THE RIGHTS AND OBLIGATION ACCORDING TO THE AUTHOR ITIES AND PRINCIPLE DERIVING FROM THE SOURCES OF OUR LAW - THE RULES OF EQUITY, THE COMMON LAW AND THE INTERNATIONAL TREATIES. +THE COMMON LAW PRECEDENTS ARE RICH IN EXAMPLES OF HOW THE VARIOUS RIGHTS OF THE INDIVIDUAL MAY BE EXERCISED AND PROTECTED EVEN AGA INST THE STATE. TO THAT WE MUST ADHERE.

+ THE JUDGES AND LAWYERS WHO ARE CHARGED WITH THE TASK OF PROTECTING SUCH RIGHTS AND FREEDOMS MUST DO SO WITHOUT FEAR OR FAVOUR, SHE SAID,

MISS TAM SAID THAT THE REMOVAL AND APPOINTMENT OF HONG KONG JUDGES MUST REST ON THE STRENGTH OF JUDICIAL QUALITY ALONE, THAT LAWYERS MUST BE ALLOWED TO ACT FOR THE IR CLIENTS AND ADVISE THEM IN CONFIDENCE.

+ IN ORDER TO MAINTAIN THE QUALITY AND INTEGRITY OF OUR LEGAL SYSTEM AND PRACTICE I PROPOSE THAT THE FINAL COURT OF APPEAL MUST REMAIN IN THE HONG KONG SAR THAT OUR COURTS WILL INTERPRET THE LAWS ENACTED IN THE HKSAR AND THAT THE LEGISLATURE OF THE SAR WILL BE FREE TO ENACT THE LAWS GOVERNING ITS TRADE, ECONOMY, FINANCE, ETC. IN ALL ASPECTS EXCEPT FOREIGN AFFAIRS AND EXTERNAL DEFENCE,+ SHE SAID.

SHE SAID SHE BELIEVED THAT THERE WOULD BE OPPORTUNITIES FOR THE LEGISLATIVE COUNCIL TO EXPRESS VIEWS ON THE BASIC LAW+ WHICH WOULD TAKE SOME TIME TO DRAFT.

+THE PEOPLE OF HONG KONG AND THE WORLD WILL BE LOOKING TO THE SINO-BRITISH AGREEMENT TO SEE WHAT IS GOING TO BE THE FUTURE OF HONG KONG. THERE MUST BE SUFFICIENT DETAILS IN THE AGREEMENT TO UPHOLD LOCAL AND INTERNATIONAL CONFIDENCE, SHE SAID.

+ IT IS, THEREFORE, OUR VIEW THAT IN ORDER TO PRESERVE THE INTEGRITY OF OUR LEGAL SYSTEM THE PROPOSALS MADE BY MEMBERS HERE TODAY MUST BE REFLECTED IN SUFFICIENT DETAILS IN THE AGREEMENT OVER THE FUTURE OF HONG KONG, AND EVENTUALLY IN THE CONTENTS OF THE BASIC LAW, SHE CONCLUDED.