XN000022-1984-06-27 — Page 7

WEDNESDAY, JUNE 27, 1984

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+1 GIVE THIS AS AN ILLUSTRATION OF THE SORT OF DETAIL WHICH MUST BE SPELT OUT AND GUARANTEED IN THE PROPOSED BASIC LAW IF HUMAN RIGHTS ARE TO BE PROTECTED, HE SAID.

HE BELIEVED THAT NOT ONLY IN THE CASE OF RELIGION BUT IN ALMOST ANY OTHER FIELD SUCH AS COMMERCE, NAVIGATION OR NATIONALITY THAT SUCH DETAIL WAS NECESSARY.

HE ADDED, +IN THE PARTICULAR CIRCUMSTANCES OF THE PROPOSED BASIC LAW FOR HONG KONG THE MEANING OF WORDS IS PARTICULARLY IMPORTANT.+

HE STRESSED THAT WORDS MUST BE USED IN THEIR INTERNATIONALLY ACCEPTED MEANING.

+FOR EXAMPLE WORDS LIKE 'PATRIOTISM' OR 'PATRIOTIC' SHOULD NOT BE TWISTED OUT OF THEIR ORDINARY MEANING SO THAT THE VIRTUE ENSHRINED IN THOSE WORDS BECOMES THE MONOPOLY OF ANY PARTICULAR PARTY OR IDEOLOGY, HE SAID.

HE ALSO CITED 'DEMOCRACY', 'PEOPLE', 'PERSON' AND 'FREEDOM OF ASSOCIATION' AS EXAMPLES.

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ON 'FREEDOM OF ASSOCIATION', HE SAID

HE SAID, INTERNATIONALLY THAT MEANS THE FREEDOM TO JOIN AN ASSOCIATION OF ONE'S CHOICE WHETHER IT BE A TRADE UNION OR A MANAGEMENT ASSOCIATION OR A CHAMBER OF COMMERCE OR A CLUB. IT EXCLUDES THE IDEA OF BEING FORCED TO JOIN AN ASSOCIATION WHOSE OBJECTIVES MAY BE REPUGNANT TO ONE'S JUDGEMENT OR CONSCIENCE.

+THESE ARE EXAMPLES OF THE SORT OF DETAILS WHICH MUST BE ATTENDED TO AND THE INDIVIDUAL RIGHTS THE EXERCISE OF WHICH MUST BE SAFEGUARDED, HE ADDED.

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INDEPENDENT JUDICIARY A MUST-SWAINE ****

THE ULTIMATE SAFEGUARD OF A FREE SOCIETY IS AN INDEPENDENT JUDICIARY, AND SPECIFIC PROVISION MUST BE MADE TO ENSURE THIS OBJECT IS NEVER IN JEOPARDY, THE HON JOHN SWAINE SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MR SWAINE WAS SPEAKING IN THE ADJOURNMENT DEBATE ON THE LEGAL SYSTEM AND THE FUTURE OF HONG KONG.

HE PROPOSED THAT THE ARRANGEMENTS FOR HONG KONG'S FUTURE

· INCLUDE MEASURES WHICH RECOGNISE THE FUNDAMENTAL RIGHT OF THE ORDINARY CITIZEN TO SEEK REDRESS IN THE COURTS FOR THE EXECUTIVE ACTIONS OF THE GOVERNMENT WHERE THESE PUT HIS LIFE, LIBERTY OR PROPERTY AT RISK.

/THE MEASURES