XN000022-1985-05-20 — Page 4

MONDAY, MAY 20, 1985

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A SECOND FEATURE OF THE RULE OF LAW, MR THOMAS SAID, WAS EQUALITY BEFORE THE LAW.

+ IT IS FUNDAMENTAL THAT ALL PERSONS, HIGH OR LOW, REGARDLESS OF RACE, POLITICS OR RELIGION, ARE SUBJECT TO THE ORDINARY LAW OF THE LAND ADMINISTERED BY THE ORDINARY COURTS OF LAW,+ HE SAID.

+THIS MEANS THAT AN ATTORNEY-GENERAL WHO DRIVES WITHOUT A PROPER LICENCE IS LIABLE TO BE BROUGHT BEFORE THE COURTS AND BE PUNISHED FOR THE OFFENCE,+ HE SAID.

HE SAID THAT MANY PEOPLE PASSIONATELY DISAGREED WITH THE VIEWS OF THE GOVERNMENT OF THE DAY AND FORMED GROUPS TO RESIST ITS POLICIES.

+TO EXERCISE THE RIGHT OF FREE SPEECH, TO PERSUADE OTHERS OF THEIR CAUSE, TO DEMONSTRATE BELIEFS IS ONE THING.

+TO BREAK THE LAW IS QUITE ANOTHER, HE EXPLAINED.

ANYONE WHO BROKE THE LAW WAS LIABLE TO BE PUNISHED DESPITE THE SINCERITY OF HIS BELIEFS AND HIS RIGHT TO EXPRESS THEM, HE ADDED.

+THROUGH THE YEARS, THE COURTS HAVE PROTECTED THE RIGHTS AND FREEDOM OF INDIVIDUALS, AND THEY HAVE ALSO KEPT IN CHECK THE GROWTH OF STATE POWER AND DEALT EFFECTIVELY WITH ITS ABUSE, MR THOMAS SAID IN OUTLINING THE THIRD, +AND IN SOME WAYS THE MOST IMPORTANT MEANING OF THE RULE OF LAW.+

DESPITE THE ABSENCE OF ELABORATE WRITTEN CONSTITUTIONS, AND HONG KONG ENJOYED REPUTATIONS AS RELATIVELY FREE AND OPEN SOCIETIES COMPARED WITH MANY OTHERS.

BRITAIN

+THIS HAS BEEN ACHIEVED BECAUSE OF THE RESPECT ACCORDED BY THOSE IN POWER TO LANDMARK JUDICIAL DECISIONS FROM THE PAST,+ HE SAID.

THIS WAS DUE TO THE ATTITUDE AND INFLUENCE OF JUDGES, LEGAL PRACTITIONERS AND LEGAL DRAFTSMEN AND LEGAL ADVISERS WHICH WAS CHARACTERISTICALLY CONSERVATIVE AND JEALOUS OF WELL-ESTABLISHED LEGAL RULES.

+ IN THEORY THE POWER OF THE GOVERNOR TO MAKE LAWS WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL UNDER THE LETTERS PATENT FOR 'THE PEACE ORDER AND GOOD GOVERNMENT' OF HONG KONG IS A WIDE ONE. BUT IN REALITY THAT POWER IS CAREFULLY CONTROLLED IF ONLY BECAUSE IT IS WIDELY DISPERSED, HE SAID.

J

MANY DIFFERENT PEOPLE WERE INVOLVED IN THE PREPARATION AND APPROVAL OF NEW ORDINANCES: SECRETARIES AND PUBLIC OFFICERS WHO EVOLVED POLICY, THE ADVISORY AND DISTRICT BOARDS WHO WERE CONSULTED UPON POLICY PROPOSALS, THE EXECUTIVE COUNCIL WHICH DETERMINED POLICY AND APPROVED BILLS, INTERESTED PARTIES, THE MEDIA AND PUBLIC OPINION WHO EXAMINED BILLS WHEN THEY WERE GAZETTED, AND FINALLY THE MEMBERS OF THE LEGISLATIVE COUNCIL WHO SCRUTINISED, DEBATED AND PASSED THOSE BILLS, WITH OR WITHOUT AMENDMENT.

/+50 IF