XN000022-1994-10-06 — Page 24

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THURSDAY, OCTOBER 6, 1994 "

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GOVERNOR:

AS I THINK YOU KNOW, AT THE MOMENT OUR PUBLIC ORDER ORDINANCE IS BEING DEBATED IN THE LEGISLATIVE COUNCIL BECAUSE WE'VE MADE CERTAIN PROPOSALS WHICH BRING OUR PUBLIC ORDER LEGISLATION INTO LINE WITH THE BILL OF RIGHTS IN A WAY WHICH I BELIEVE STILL GUARANTEES PEOPLE'S RIGHTS TO DEMONSTRATE FREELY, PROVIDED THEY DEMONSTRATE IN A RESTRAINED AND ORDERLY WAY. IT ISN'T UNUSUAL IN FREE, PLURAL, OPEN SOCIETIES LIKE HONG KONG TO HAVE RULES, TO HAVE LAWS ABOUT PUBLIC DEMONSTRATION. AND I THINK PART OF THE PRICE THAT WE ALL PAY FOR BEING ABLE TO DEMONSTRATE IN PUBLIC IS THAT WE SHOULD DO THAT IN A RESTRAINED AND CIVILISED WAY. ONE OF THE GREATEST POLITICAL PHILOSOPHERS IN THE WEST, EDMUND BURKE, USED TO ARGUE AND I QUOTE

DARE SAY MANY OF YOU WHO ARE DOING POLITICAL SCIENCE HAVE COME ACROSS THIS QUOTE MANY TIMES "LIBERTY MUST BE LIMITED IN ORDER TO BE POSSESSED" BY WHICH HE MEANT THAT WE'LL GUARANTEE OUR FREEDOMS IF WE PURSUE THEM WITH A DEGREE OF RESTRAINT. I DON'T THINK THAT THE POLICE IN HONG KONG HAVE EXCESSIVE POWERS. I THINK WE HAVE AN EXTREMELY GOOD POLICE FORCE. I THINK THEY OPERATE WITHIN THE RULE OF LAW AND IT'S IMPERATIVE TO HONG KONG'S WELL-BEING THAT THEY CONTINUE TO OPERATE WITHIN THE RULE OF LAW. THE RULE OF LAW COVERS THEM; IT COVERS THE OTHER DISCIPLINED SERVICES; IT COVERS THE GOVERNOR; IT COVERS THE GOVERNMENT AND IT COVERS NEWS AGENCIES IN HONG KONG WHEREVER THEY COME FROM.

I

QUESTION:

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I UNDERSTAND THAT THIS YEAR LEGISLATIVE COUNCIL PASSED

A MOTION TO FREEZE SCHOOL FEE INCREASE AND ALSO TO REVIEW THE SCHOOL FEE POLICY FOR TERTIARY I SUPPOSE. I WOULD LIKE TO KNOW HOW COME A MOTION WAS CARRIED IN LEGCO BUT THE GOVERNMENT SIMPLY TURNED A DEAF EAR TO THAT. DOES IT MEAN THAT THE COLONIAL GOVERNMENT NEED NOT TAKE HEED OF THE VIEWS OF LEGISLATIVE COUNCIL, ESPECIALLY WHEN THEY CARRIED A MOTION FORMALLY AND LEGALLY? IN THAT CASE, WHAT'S THE POINT OF US ELECTING OUR LEGISLATIVE COUNCILLORS?

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KONG.

GOVERNOR:

WELL, WE HAVE IN HONG KONG, AS THEY DO IN WASHINGTON, A DISTINCTION BETWEEN THE EXECUTIVE AND THE LEGISLATURE. AND THE FACT THAT THE LEGISLATURE IN WASHINGTON COULD PASS A MOTION BUT THE PRESIDENT WOULDN'T NECESSARILY TAKE MUCH NOTICE OF IT DOESN'T MEAN THEY DON'T HAVE DEMOCRACY IN WASHINGTON. EQUALLY, THE FACT THAT THE LEGISLATURE PASSES A MOTION AND WE DON'T AUTOMATICALLY AGREE WITH DOESN'T MEAN THAT WE DON'T HAVE ACCOUNTABLE GOVERNMENT IN HONG THE LEGISLATURE HAS SPECIFIC POWERS AS WELL AS ITS ABILITY TO DEBATE MATTERS AND TO PASS MOTIONS. IT CAN AGREE TO, OR DISAGREE WITH, OR AMEND LAWS. IT CAN DECIDE WHETHER OR NOT WE SHOULD SPEND YOUR MONEY ON GIVEN PUBLIC PROJECTS AND IT HAS OTHER POWERS IN THE AREA OF SPENDING AND TAXATION. BUT WE DON'T HAVE A SYSTEM ANY MORE THAN WASHINGTON DOES IN WHICH WHATEVER THE LEGISLATURE SAYS HAS TO BE AUTOMATICALLY DONE BY THE EXECUTIVE.

YOU CAME BACK TO THE QUESTION OF STUDENT FEES AND, AS I SAID A MOMENT OR TWO AGO, I DON'T BELIEVE THAT A GOVERNOR OR ANY OTHER POLITICAL LEADER TO STAND UP IN FRONT OF AN AUDIENCE LARGELY MADE UP OF STUDENTS AND ARGUE THE CASE OF STUDENT FEES IS NECESSARILY GOING TO BE A VERY POPULAR ARGUMENT. IT MIGHT BE A MORE POPULAR ARGUMENT WITH A SLIGHTLY OLDER AUDIENCE. BUT IF WE WEREN'T HAVING ΤΟ WEREN'T RECOVERING 13 PER CENT OF TERTIARY EDUCATION COSTS FEES WE'D BE PAYING FOR IT THROUGH TAXATION, AND THAT MIGHT VERY POPULAR WITH YOU AFTER YOU'VE LEFT UNIVERSITY OR POLYTECHNIC IT MIGHT NOT BE VERY POPULAR WITH YOUR PARENTS TODAY.

IF WE THROUGH NOT BE

AND

/QUESTION: