XN000022-1985-05-01 — Page 8

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WEDNESDAY, MAY 1, 1985

+THERE IS STILL NOT A SUFFICIENT UNDERSTANDING OF THE IMPORTANT CONSULTATIVE ROLE PLAYED BY MEMBERS OF THIS COUNCIL WHO ARE IN THE END THE TERRITORY'S LEGISLATORS, JUST OVER A YEAR AGO, I TRIED TO MAKE THIS VERY POINT IN A SPEECH TO THE COUNCIL FOLLOWING THE CONTROVERSY OVER TAXI LICENSING. WHAT I SAID THEN IS THIS:

+THE UNOFFICIALS ... INTERPRET AND EXPOUND THE VIEWS OF

THE PUBLIC AND ... PARTICIPATE IN REACHING A FINAL JUDGMENT UPON THE PUBLIC INTEREST. THEY ARE A FUNDAMENTAL CHECK WITHIN OUR SYSTEM OF GOVERNMENT

BY CONSENSUS. AND THEY ARE SURELY NEVER HURRIED IN THEIR CONSIDERATION OF BILLS. THEY ARE GIVEN ALL THE TIME THEY NEED TO DEAL WITH REPRESENTATIONS AND FORMULATE THEIR VIEWS. GOVERNMENT REPRESENTATIVES HAVE OFTEN

QUALIFIED REMARKS ON REFORM AND LEGISLATION BY SAYING THAT THIS OR THAT PROPOSAL IS 'SUBJECT TO THE VIEWS OF EXCO AND ULTIMATELY LEGCO'. THIS IS NO EMPTY PHRASE. IT MEANS EXACTLY WHAT IT SAYS. WE IN GOVERNMENT MAY ALWAYS HOPE THAT BY CONSULTING WIDELY AND STRIVING TO GET IT RIGHT, WE WILL IN DUE COURSE OBTAIN THE NECESSARY SUPPORT. BUT THERE WILL ALWAYS REMAIN THE FINAL OPINION OF MEMBERS OF THE LEGISLATIVE COUNCIL IN WHICH THERE IS ANYHOW A CLEAR MAJORITY OF UNOFFICIALS. THIS COUNCIL IS THE ULTIMATE SAFEGUARD IF THE GOVERNMENT WERE TO MISJUDGE WHAT IS POLITICALLY ACCEPTABLE TO HONG KONG+.

+SIR, THE EVENTS OF THESE LAST FEW WEEKS HAVE VINDICATED YOU MAY THINK, WHAT I THEN SAID.

WHAT I THEN SAID. THIS COUNCIL HAS TAKEN HEED OF THE CHANGE IN ATTITUDE TO THESE PROPOSALS SINCE THEY WERE FIRST CANVASSED AND NOW PROPOSES, QUITE RIGHTLY, THAT THERE MUST BE FURTHER TIME FOR STUDY OF THE PROBLEMS WHICH THE GOVERNMENT HAD SOUGHT TO SOLVE BY THE INTRODUCTION OF THIS CONTENTIOUS BILL.

+THE TERMS OF REFERENCE OF THE SELECT COMMITTEE SIR, WILL ENABLE IT TO TAKE A BROAD VIEW OF ALL THE PROBLEMS SURROUNDING THE PROSECUTION AND TRI AL OF COMPLEX COMMERCIAL CRIMES. MANY LAWYERS HAVE AGREED THAT THERE IS ROOM FOR IMPROVEMENT IN TRI ALS OF THIS TYPE OF CASE BEFORE A JURY. THE ORGANISATION +JUSTI CE+ HAS PUT FORWARD CONSTRUCTIVE PROPOSALS FOR IMPROVING PRE-TRI AL PROCEDURES AND THE PRESENTATION OF EVIDENCE AT THE TRIAL. THE CHINESE GENERAL CHAMBER OF COMMERCE HAS ENDORSED THE AIM OF IMPROVING THE EFFICIENCY OF TRI ALS OF COMMERCIAL FRAUD.

/+50 IT