XN000022-1985-01-08 — Page 4

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ليا

TUESDAY, JANUARY 8, 1985

HE GAVE THE EXAMPLE OF HONG KONG'S MERCHANT SHIPPING LEGISLATION, WHICH STEMS FROM THE MERCHANT SHIPPING ACT OF 1894. HE ESTIMATED HOWEVER THAT THE TASK OF MAKING HONG KONG'S SHIPPING LAWS SELF-SUFFICIENT WOULD TAKE TWO DRAFTSMEN ABOUT FIVE YEARS TO COMPLETE.

MR THOMAS ALSO DESCRIBED THE TASK OF CODIFICATION OF THE ENTIRE LAW AS +MASSIVE+ AND +ALMOST CERTAINLY AN UNREALISTIC AIM+.

+SO WE HAVE IN MIND TO TACKLE INITIALLY A FEW SELECTED AREAS OF THE COMMON LAW WHICH ARE IMPORTANT, WHICH AFFECT INDIVIDUALS, AND WHICH ARE NOT READILY ACCESSIBLE EXCEPT THROUGH THE LAW REPORTS,+ HE SAID.

HE SAID THE SECRETARIAT OF THE LAW REFORM COMMISSION, WHICH IS PART OF HIS CHAMBERS, WERE CONSIDERING THE DESIRABILITY OF SOME CODIFICATION OF THE LAW, THE PRIORITY OF WORK AND THE RESOURCE IMPLICATIONS.

HOWEVER HE POINTED OUT THAT THERE WERE DISADVANTAGES AS WELL AS ADVANTAGES TO CODIFICATION. BECAUSE OF CODIFICATION, THE +COBWEBS WOVEN BY THE SPIDERS OF CASES DECIDED LONG AGO+ COULD BE SWEPT AWAY, COMMON LAW RIGHTS OR REMEDIES WHICH MAY NOT BE CLEARLY UNDERSTOOD BY LAYMEN WOULD BE BROUGHT INTO STATUTORY FORM, AND ATTENTION WOULD BE DRAWN TO NECESSARY REFORMS OR GAPS IN THE LAW. ON THE OTHER HAND, A CODE MIGHT RESTRICT THE FUTURE DEVELOPMENT OF THE LAW, AND IN ADDITION A NEW BODY OF CASE LAW WOULD QUICKLY BUILD UP ON THE MEANING OF THE CODE ITSELF.

MR THOMAS NOTED THAT THE TASK OF CODIFYING SUBSTANTIAL PARTS OF THE LAW ALONE WOULD TAKE MANY DRAFTSMEN MANY YEARS. IT IS POSSIBLE THAT A TRIAL RUN WITH A SMALL PART OF THE LAW SHOULD BE ATTEMPTED SOON IN ORDER THAT THE TECHNICAL DIFFICULTIES, THE TIMESCALE AND THE RESOURCE IMPLICATIONS MAY BE ASSESSED,

HE SAID.

OTHER TASKS FOR HIS CHAMBERS INCLUDED LIKELY CHANGES TO HONG KONG'S SYSTEM OF APPEAL COURTS, WORK WITH THE BRITISH AND CHINESE GOVERNMENTS TO ENSURE THAT THE BENEFITS OF MULTILATERAL TREATIES AND BILATERAL ARRANGEMENTS CURRENTLY APPLYING TO HONG KONG ARE NOT LOST AND MORE IMMEDIATELY, DRAFTING OF LEGISLATION FOR THE NEW LEGISLATIVE COUNCIL AND FOLLOW-UP WORK ON THE PROPOSED CHANGES TO THE TRIAL OF COMPLEX COMMERCIAL CASES AND THE SCHEME TO REHABILITATE MINOR OFFENDERS.

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