XN000022-1985-05-01 — Page 7

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WEDNESDAY, MAY 1, 1985

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+BUT IT IS ALSO POSSIBLE TO SUGGEST THAT THERE HAS IN FACT BEEN A CHANGE OF PUBLIC MOOD SINCE THOSE MOMENTOUS TIMES. THE JOINT DECLARATION BROUGHT RELIEF TO THE PEOPLE OF HONG KONG. ALSO FOCUSSED THEIR ATTENTION UPON THE ESSENTIAL SYSTEMS UNDERPINNING HONG KONG'S WAY OF LIFE, WHICH THE ANNEXES HIGHLIGHTED. DOUBTS ABOUT THE OUTCOME OF THE NEGOTIATIONS GAVE WAY TO DOUBTS ABOUT HONG KONG'S ABILITY TO PRESERVE ITS WAY. OF LIFE. AND IN CONSEQUENCE I DETECT A NEW MOOD OF WARINESS TO CHANGE: PARTICULARLY CHANGES TO THE LEGAL SYSTEM, ON WHICH THE RULE OF LAW AND THE PRESERVATION OF INDIVIDUAL RIGHTS AND FREEDOMS SO MUCH DEPEND. BECAUSE IT CAME SO SOON AFTER THE JOINT DECLARATION. THE BILL WAS THE FIRST PROPOSAL TO TOUCH THE RAW NERVE OF ANXIETY ABOUT FUTURE POLITICAL ARRANGEMENTS. AND THE COMMUNITY RECOILED INSTINCTIVELY FROM CHANGES TO TRADITIONAL PROCEDURES THAT HAVE SERVED HONG KONG WELL IN THE PAST.

+MANY ARTICULATE PROFESSIONALS ADVANCED A HOST OF ARGUMENTS AGAINST THIS BILL. THEY WORKED HARD TO DEPLOY THE FORCES OF OPPOSITION, BUT THE ARGUMENT WHICH SUCCEEDED MOST IN MOUNTING OPPOSITION TO THE BILL WAS THE ARGUMENT THAT ANY TAMPERING WITH THE JURY SYSTEM IS UNDESIRABLE IN VIEW OF THE FUTURE POLITICAL CHANGES.

+IT IS RIGHT THEREFORE FOR THE GOVERNMENT TO ACCEPT THAT THE PRESENT POLITICAL MOOD IS NOT RECEPTIVE TO RADICAL CHANGE. BUT I DO NOT THINK IT FOLLOWS THAT CHANGES CANNOT BE MADE TO THE LEGAL SYSTEM BEFORE 1997. THE LAW MUST RESPOND TO NEW DEMANDS PLACED UPON IT. SIR AS I SAID IN MY SPEECH AT THE OPENING OF THE LEGAL YEAR, THE LAW IS NOT A MUSEUM EXHIBIT OR A FOSSIL IT IS A PUBLIC SERVICE RESPONDING TO THE DEMANDS THAT SOCIETY PLACES UPON IT. AND WE WILL FAIL IN OUR DUTY AS GUARDIANS FOR THE FUTURE IF WE DO NOT ENSURE THAT OUR LEGAL SYSTEM IS RATION AL AND UP-TO-DATE, AND WHERE ITS PROCEDURES NEED TO BE CHANGED THEN THEY SHOULD BE CHANGED, BUT IT IS PLAIN FROM THE RECENT EVENTS THAT THE ARGUMENTS FOR CHANGE MUST BE CAREFULLY AND FULLY ARGUED THROUGH. ALTHOUGH NO-ONE HAS ANY RIGHT OF VETO, EVERY ATTEMPT WILL HAVE TO BE MADE TO OBTAIN AT LEAST THE BROAD SUPPORT FROM BOTH PROFESSIONAL AND PUBLIC OPINION FOR IMPORTANT LEGAL REFORMS.

+S1 R. ANOTHER QUITE DIFFERENT ASPECT OF THE CONTROVERSY IS THE ANXIETY EXPRESSED BY MANY THAT BECAUSE THE BILL HAD BEEN INTRODUCED INTO THIS COUNCIL, IT FOLLOWED THAT IT WAS BEING RUSHED THROUGH BY GOVERNMENT WITH THE SUPINE CONCURRENCE OF UNOFFICIALS. SIR THIS REALLY WAS, AND I DON'T NEED TO SAY IT. SIR, IN THIS CHAMBER, THIS REALLY, WAS THE MOST UNCHARITABLE VIEW AND IT WAS GROSSLY MISTAKEN, AS PAST AND PRESENT EVENTS HAVE PROVED, AND AS THIS MOTION DEMONSTRATES,

/+THERE IS