XN000022-1990-01-08 — Page 5

MONDAY, JANUARY 8, 1990

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"I SPEAK OF BOTH ACTUALITY AND PERCEPTION, FOR THAY ARE TWO SIDES OF THE SAME COIN. LIKE JUSTICE ITSELF, AN INDEPENDENT JUDICIARY MUST NOT ONLY EXIST BUT BE SEEN TO EXIST. ONLY WHEN THE ACTUALITY IS PERCEIVED DOES THE INSTITUTION GENERATE THE NECESSARY CONFIDENCE IN 1TS ABILITY TO PROTECT THE RIGHTS OF THE CITIZEN, AS WELL AS ΤΟ ENFORCE HIS OBLIGATIONS,' HE SAID.

ON JUDICIAL INDEPENDENCE, SIR TI LIANG MENTIONED THAT THE SINO- BRITISH JOINT DECLARATION UNDERTOOK TO PRESERVE IT BY RETAINING HONG KONG'S LEGAL AND JUDICIAL SYSTEM.

"IN PRACTICAL TERMS, THE JUDICIARY IS NOT, AND WILL NOT BE, AN ARM OF THE EXECUTIVE. IT IS NOT PART OF THE PROCESS WHEREBY, то A GREATER OR LESSER DEGREE, A GOVERNMENT CONTROLS THE DAILY LIVES OF 1TS CITIZENS.

"THE JUDICIARY IS A DISTINCT ENTITY CHARGED WITH THE ENFORCEMENT OF RECIPROCAL RIGHTS BETWEEN SUBJECT AND SUBJECT, AND BETWEEN SUBJECT AND GOVERNMENT. IT IS THE MUTUALITY AND RECIPROCITY OF THOSE RIGHTS WHICH ARE IMPORTANT AND WHICH A JUDICIAL SYSTEM SHOULD GUARD."

TO EXPLAIN IT, SIR TI LIANG SAID THAT IN THE FIELD OF CIVIL DISPUTE, THE JUDICIAL EXERCISE WAS TO BALANCE THE RIGHTS OF OPPOSING PARTIES ΤΟ LITIGATION. RIGHTS IN CIVIL DISPUTES WERE AKIN TO BOUNDARIES IN ADJACENT PROPERTIES; IF A PERSON EXERCISED HIS RIGHTS TO EXCESS, THEY MAY CEASE TO BE RIGHTS ON INFRINGING THOSE OF HIS NEIGHBOUR, GIVING THE OTHER PERSON A RIGHT IN TURN TO COMPENSATION FOR

THE INFRINGEMENT.

"IT IS IMPORTANT ΤΟ REALISE THAT THESE RIGHTS IN CIVIL

DISPUTES CAN ALSO EXIST BETWEEN THE CITIZEN AND THE GOVERNMENT. IT IS VITAL THAT A JUDICIARY SHOULD BE FREE TO DECIDE IF THE GOVERNMENT HAS INFRINGED THE PRIVATE RIGHTS OF THE INDIVIDUAL AND IF THE INDIVIDUAL SHOULD BE AWARDED COMPENSATION. JUDICIAL INDEPENDENCE ENSURES THAT

THIS WILL BE DONE."

HE SAID THAT IN CRIMINAL MATTERS, HOWEVER SMALL, TAK JUDICIARY WOULD ENSURE THE FAIR TRIAL OF AN ALLEGATION THAT AN OFFENCE HAD BREN COMMITTED, THE FAIRNESS OF THE TRIAL LAY IN THE REGULATION OF ADMISSIBLE EVIDENCE, IN THE TIME-HONOURED RULES OF PROCEDURE AND SPEEDY TRIALS, AND IN THE FRESUMPTION OF INNOCENCE UNTIL PROVEN ΤΟ THE CONTRARY BEYOND REASONABLE DOUBT.

THE CHIEF JUSTICE SAID THAT AMONG *THE PUBLIC THERE MAY BE THOSE TO WHOM THE SEPARATION OF THE JUDICIARY FROM THE GOVERNMENT MAY NOT BE SO FAMILIAR A CONCEPT.

"TO THESE PEOPLE AND TO EVERYONE ELSE, I GIVE MY ASSURANCE THAT OUR JUDICIARY IS AND WILL REMAIN INDEPENDENT, HE SAID.

/SIR TI