XN000022-1990-10-31 — Page 28

26

WEDNESDAY, OCTOBER 31, 1990

OF THE WHICH COULD

MR MATHEWS SAID IT WAS THE INTENTION OF THE ADMINISTRATION TO

CONTEXT THE ORDINANCE IN PROCEEDINGS THE CROWN CONSIDER PROGRAMME OF ADAPTATION AND MODIFICATION OF LEGISLATION NOT SURVIVE 1997 WITHOUT AMENDMENT.

MR LEE'S POINT CONCERNING INTERIM RELIEF WOULD BE

IN THAT CONTEXT, HE SAID.

MT

—

CONSIDERED

BE

'FINALLY, MR LEE SUGGESTED THAT THE LETTERS PATENT SHOULD

WILL BE STRUCK PRESENT OR FUTURE AMENDED SO THAT ANY HONG KONG LAW

UNDER THE INTERNATIONAL DOWN IF INCONSISTENT WITH OUR OBLIGATIONS COVENANT ON CIVIL AND POLITICAL RIGHTS.

"THE BILL OF RIGHTS ITSELF WILL, AFTER THE HAVE THAT EFFECT IN RELATION TO EXISTING LEGISLATION.

TO

FREEZE PERIOD,

PATENT WHICH ARE KONG, ARTICLE

"THE BRITISH GOVERNMENT INTENDS TO AMEND THE LETTERS ENSURE THAT HONG KONG LAWS MADE AFTER THAT AMENDMENT, INCONSISTENT WITH THE INTERNATIONAL COVENANT AS APPLIED TO HONG

THIS PROVISION WILL HAVE THE SAME EFFECT AS WILL BE INVALID.

" MR MATHEWS SAID. 39 OF THE BASIC LAW,

HAD MEMBERS

EXPRESSED THEIR PARTICULAR ELEMENTS

IN THE COURSE OF THE DEBATE, CONCERN OVER OTHER ASPECTS OF THE DRAFT BILL OF RIGHTS, IN

THAT THE URGING

PROTECTION OF CITIZENS SHOULD NOT BE JEOPARDISED.

AGAINST

CRIMINAL

ASSURED

MR MATHEWS SAID THESE POINTS WERE FULLY NOTED AND HE MEMBERS THAT THE ADMINISTRATION WAS EVER WILLING TO DISCUSS POINTS CONCERN RELATING TO THE BILL.

OF

DISCUSSIONS WITH

HE NOTED THAT THERE WOULD BE SEVERAL SUCH MEMBERS IN THE COMING WEEKS AND THE ADMINISTRATION WOULD CONSIDER VERY CAREFULLY ALL SUGGESTIONS FOR IMPROVEMENT.

SYSTEM OF GENERAL

ON REFERENCE MADE IN THE COURSE OF THE DEBATE TO THE OF JUSTICE, THE ATTORNEY GENERAL FIRST ADDRESSED A POINT AND FUNDAMENTAL PRINCIPLE.

H

*WE MUST, I BELIEVE, BEWARE NOT TO DENIGRATE OUR SERVICE WHENEVER A DEFENDANT IS ACQUITTED.

PROSECUTION

THERE AN

"IT IS AS WRONG TO LABEL THE PROSECUTOR AS VICTOR WHEN A CONVICTION, AS IT IS TO SUGGEST THAT HE IS INEPT IF THERE IS ACQUITTAL, MR MATHEWS SAID.

IS

་་

HE SAID CARDINAL PRINCIPLES.

THOSE THAT

WHO BELIEVED

OTHERWISE

IGNORED TWO

THE FACTS.

"FIRST, THAT THE ROLE OF THE PROSECUTOR IS FAIRLY TO

"SECOND, THAT ANY DEFENDANT WHO ENTERS A COURT TO FACE IS DEEMED INNOCENT UNTIL THE CONTRARY IS SHOWN."

/THE ATTORNEY

PRESENT

TRIAL