XN000022-1986-03-25 — Page 3

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TUESDAY, MARCH 25, 1986

+AND THE CULTURAL AND SOCIAL LIFE OF ITS PEOPLE IS FOUNDED UPON FREEDOM ESTABLISHED BY THE COMMON LAW, INCLUDING PERSONAL FREEDOM, FREEDOM OF BELIEF, FREEDOM OF SPEECH, AND FREEDOM OF THE PRESS.+

MR THOMAS STRESSED THAT ONE FACET OF THE COMMON LAW'S ACCEPTANCE IN HONG KONG IS THE IMPORTANCE OF THE RULE OF LAW CONCEPT. IT ENCOMPASSES THESE POINTS:-

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OFFICIALS CAN ONLY ACT IN ACCORDANCE WITH LEGAL POWERS - OR ELSE THEY CAN BE SUED FOR DAMAGE.

* JUDGES INTERPRET THE LAW TO PREVENT ABUSE OF

POWER BY OFFICIALS.

* THE CRIMINAL LAW IS REPLETE WITH NECESSARY

SAFEGUARDS FOR THE ACCUSED.

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PEOPLE ARE EQUAL BEFORE THE LAW AND ALL ARE SUBJECT TO IT. SO LONG AS THEY DO NOT BREAK THE LAW, PEOPLE MAY CAMPAIGN TO HAVE UNPOPULAR LAWS OR POLICIES CHANGED.

THE DEEPLY ENGRAINED COMMON LAW PHILOSOPHY OF LEGISLATORS, PUBLIC SERVANTS AND DRAFTSMEN AND COMMENTATORS IN THE COMMUNITY IS A DEFENCE

AGAINST WHATEVER MIGHT BE DONE BY AN INSENSITIVE LEGISLATURE.

MR THOMAS ALSO SAID THAT WHILE IT WAS TRUE THAT A MODERN DEVELOPED ECONOMY REQUIRED THE ADMINISTRATIVE REGULATION OF MANY STATUTES, STATUTE LAW WAS NOT REPLACING THE COMMON LAW. DESPITE THE 26 VOLUMES OF HONG KONG ORDINANCES, IT IS THE MANY VOLUMES OF REPORTED CASES FROM MANY COMMON LAW JURISDICTIONS WHICH SUPPLY THE UNDERLYING CONCEPTS AND LEGAL PRINCIPLES WHICH PERVADE THE LIFE OF THE COMMUNITY.

THE ATTORNEY GENERAL WENT ON TO REVIEW MATTERS FLOWING FROM THE JOINT DECLARATION AND STRESSED:-

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THE BASIC LAW, A LAW OF CHINA UNDER THE CHINESE CONSTITUTION, WILL UNDERPIN THE SYSTEM IN PLACE OF THE LETTERS PATENT AND THE ROYAL INSTRUCTIONS. WHEN ENACTED, THERE WILL HAVE TO BE CONSEQUENTIAL CHANGES WHICH WILL REMOVE UNITED KINGDOM REFERENCES BUT WILL PRESERVE THE STRENGTHS OF THE COMMON LAW SYSTEM.

* STATUTES IN CHINESE LANGUAGE AS WELL AS

ENGLISH ARE NOW A POLITICAL NECESSITY.

PREFERABLY *****