XN000022-1987-03-25 — Page 22

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WEDNESDAY, MARCH 25, 1987

LASTLY, ALL MEMBERS OF THE AD HOC GROUP AGREED THAT

CONSIDERATION SHOULD ALWAYS BE GIVEN TO IMPROVING COST-EFFECTIVENESS IN THE EXECUTION OF THE LAW RATHER THAN ABANDONING IT BECAUSE OF ADMINISTRATIVE DIFFICULTIES.

+IF HOWEVER THE POLICY BEHIND A LEGISLATION IS DOUBTFUL, THE MATTER SHOULD BE BROUGHT TO THE ATTENTION OF THE LEGISLATIVE COUNCIL AT THE EARLIEST OPPORTUNITY AND NOT AFTER 36 YEARS, DR IP SAID.

ALSO SPEAKING IN SUPPORT OF THE BILL, THE HON MARTIN LEE SAID ALTHOUGH THIS WAS FIVE YEARS OVERDUE IT WAS BETTER LATE THAN NEVER.

MR LEE SAID HE WOULD LIKE TO FOCUS ATTENTION ON ANOTHER ASPECT OF THE ISSUE WHICH WAS A MATTER OF LEGAL PRINCIPLE.

HE WAS REFERRING TO THE FACT THAT THE GOVERNMENT HAD IN SEPTEMBER 1981 DECIDED, WITHOUT REFERENCE TO THE LEGISLATIVE COUNCIL, TO SUSPEND THE OPERATION OF THE RECOVERY SCHEME WHICH WAS INTRODUCED BY LEGISLATION IN 1978, AND THEN SEEK LEGISLATIVE SANCTION FOR ITS DECISION ONLY IN JULY 1986.

MR LEE NOTED THAT THE GOVERNMENT ON THIS OCCASION WAS NOT ACTING CONTRARY TO THE LEGAL ADVICE IT HAD RECEIVED ALTHOUGH THE ADVICE WAS WRONG.

SUMMAR ISING THE POSITION UNDER WHICH THE DIRECTOR OF MEDICAL AND HEALTH SERVICES HAD DECIDED IN 1981 NOT TO COLLECT THE PAYMENTS FOR THE REASON THAT THE SCHEME WAS THOUGHT TO BE NOT COST- EFFECTIVE, MR LEE POINTED OUT THAT THE DIRECTOR WAS +CLEARLY DECLINING TO CARRY OUT SUCH A DUTY IMPOSED UPON HIM BY THIS COUNCIL AT HIS OWN REQUEST+.

HE SAID WHILST THIS CLEARLY SHOWED AN INSUFFICIENT GRASP OF THE RULE OF LAW BY THE ADMINISTRATION AT THE TIME, IT WAS AT LEAST OF SOME COMFORT THAT THE CURRENT ADMINISTRATION HAD FINALLY APPRECIATED THE NECESSITY OF ACCOUNTING ON THIS ISSUE TO THE PEOPLE OF HONG KONG THROUGH THE LEGISLATIVE COUNCIL.

HE STRESSED THAT THE RULE OF LAW+ MEANT THAT EVERYONE, INCLUDING THE GOVERNMENT, RESPECTED THE FUNDAMENTAL GROUND RULES LAID DOWN EITHER BY THE LEGISLATURE (THROUGH ORDINANCES) OR BY THE COURTS (THROUGH THE DECLARATION OF COMMON LAW PRACTICES).

+THE RULE OF LAW CANNOT BE COMPROMISED BY GOOD INTENTIONS, HE STATED.

+

+FOR ONLY BY RESPECTING THE RULE OF LAW WILL THE GOVERNMENT COMMAND THE RESPECT AND CONFIDENCE OF THE PEOPLE OF HONG KONG,+ HE SAID.

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