XN000022-1992-10-08 — Page 13

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THURSDAY, OCTOBER 8, 1992

MR SIMON IP:

IT WAS MUSIC TO MY EARS TO HEAR YOU EMPHASISE THE IMPORTANCE OF GUARANTEEING THE RULE OF LAW. I THINK YOU MENTIONED IT ON NO LESS THAN TWO OCCASIONS IN YOUR SPEECH. OF COURSE, THE INDEPENDENCE OF THE JUDICIARY, INDEPENDENCE OF THE LEGAL PROFESSION, ENFORCEMENT OF LAWS DEMOCRATICALLY ENACTED, ARE FUNDAMENTALLY IMPORTANT. AXIOMATIC I WOULD SAY. BUT, APART FROM THAT, DO YOU HAVE ANY FURTHER IDEAS AS TO HOW THE RULE OF LAW IN HONG KONG IN THE YEAR 3 AHEAD COULD BE PRESERVED AND STRENGTHENED?

GOVERNOR:

I THINK THAT THE ANSWER IS PARTLY ONE OF ADMINISTRATION AND PARTLY ONE OF ATTEMPTING TO ENSURE THAT A CULTURE OR AN ATTITUDE OF MIND, OR AN APPROACH TO THE CONDUCT OF CIVIL SOCIETY IS AS DEEPLY ROOTED AS POSSIBLE. LET ME BEGIN WITH THE ADMINISTRATION OF JUSTICE AND ADMINISTRATIVE ISSUES. WE DO HAVE MATTERS TO RESOLVE TOGETHER. WE HAVE, FOR EXAMPLE, TO CONSIDER THE QUESTION OF THE SPEED { } JUSTICE, JUST AS WE HAVE TO CONSIDER QUESTIONS OF THE LOCALISATION OF THOSE WHO DISPENSE WISDOM FROM THE BENCH. THOSE ARE BOTH MATTERS WHERE I KNOW THE LEGAL PROFESSION HAS PUT FORWARD PROPOSALS AND IDEAS WHICH WE HAVE TO CONSIDER. AT THE MOMENT, ONE OF THOSE IDEAS IS BEING CONSIDERED BY, I THINK, A JOINT COMMITTEE CHAIRED BY A DISTINGUISHED JUDGE, THAT IS,

THE PROPOSAL THAT WE SHOULD TRY TO INTRODUCE THE EQUIVALENT IN HONG KONG OF THE SYSTEM OF RECORDERS WHICH OPERATES IN ENGLAND AND WALES. I THINK THAT IS A PROPOSAL WHICH WE SHOULD LOOK AT CONSTRUCTIVELY. I THINK IT WOULD GIVE US AN OPPORTUNITY FIRST OF ALL, OF GIVING MORE LOCAL LAWYERS A TASTE OR AN EXPERIENCE OF SITTING ON THE BENCH; SECONDLY, IT WOULD ACTUALLY HELP US TO RUN ONE OR TWO MORE COURTS AT THE SAME TIME AS OUR OTHER COURTS AND, THEREFORE, TO SPEED UP THE NUMBER OF PEOPLE WHO WERE GOING THROUGH THEM. I THINK THAT IT'S EXTREMELY IMPORTANT TO ENSURE THAT OTHER INSTITUTIONS ARE STRENGTHENED AS MUCH AS POSSIBLE. IT'S IMPERATIVE THAT THE ICAC CONTINUES TO HAVE OUR FULL-HEARTED SUPPORT. IT'S IMPORTANT THAT THE POLICE HAVE OUR FULL-HEARTED SUPPORT AND THE FINANCIAL RESOURCES NEED AND THE COMMUNITY EXPECTS THEM TO HAVE.

THEY

THAN

I FIND THOSE ISSUES EASIER TO DEAL WITH AND EASIER TO ARTICULATE THE SECOND MATTER THAT I RAISED. THE INCULCATION OF AN ATTITUDE IN OUR SOCIETY. WHO DOUBTS THAT ONE OF THE REASONS FOR HONG KONG'S SUCCESS IS OUR ACCEPTANCE OF THE RULE OF LAW? OUR ACCEPTANCE THAT NO ONE IS ABOVE THE LAW AND THAT INCLUDES, AS I SAID IN MY INAUGURAL ADDRESS, THE GOVERNOR. THAT HAS BEEN A KEY INGREDIENT IN HONG KONG'S SUCCESS AND WE HAVE TO ENSURE THAT IT REMAINS THE WAY IN WHICH WE CONDUCT OUR AFFAIRS. OTHER SOCIETIES HAVE DIFFERENT VIEWS OF THE RULE OF LAW. SOME SOCIETIES VIEW THE RULE OF LAW OR THE LAW ITSELF AS AN ARTIFACT OF THE STATE, NOT A FRAMEWORK WITHIN WHICH STATE CRAFT IS PRACTISED. SO, I THINK WE HAVE AN IMPORTANT JOB TO DO IN EXPLAINING TO OTHERS WHAT WE MEAN BY THE RULE OF LAW AND ENSURING THAT OTHERS UNDERSTAND HOW CRUCIAL IT IS TO THE CONTINUANCE OF OUR STABILITY, PROSPERITY AND WAY OF LIFE.

MR LEE WING-TAT:

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ON CONSTITUTIONAL DEVELOPMENT, NOW, WE KNOW THAT WE HAVE NEW APPOINTED MEMBERS TO EXCO. THEY ARE VERY DISTINGUISHED PROFESSIONALS IN OUR COMMUNITY, BUT THEY ARE NOT ELECTED NEITHER ARE YOU SIR. AND, THEREFORE, HOW CAN YOU GUARANTEE THAT YOUR POLICIES WILL GET THE SUPPORT OF COMMUNITY AND CAN GO THROUGH LEGCO? AND I AM ALSO SURPRISED AT THIS, AT YOUR SUGGESTION AT DEMOCRATISATION AT THE LOCAL LEVEL, YOU STILL PROPOSE THAT EX-OFFICIO MEMBERS BE RETAINED. I WONDER IF YOU KNOW HOW THE MEMBERS ARE ELECTED. ACTUALLY, ONLY MALE MEMBERS ARE ELIGIBLE AND SO, THIS IS ACTUALLY A DISCRIMINATION AGAINST THE FEMALE SEX. SO, DO YOU THINK THAT THIS IS REALLY APPROPRIATE?

/GOVERNOR: ON