XN000022-1994-10-26 — Page 29

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WEDNESDAY, OCTOBER 26, 1994

HE SAID: "IN RECENT YEARS, THE PRIVY COUNCIL HAS ESTABLISHED PRINCIPLES OF GREAT PUBLIC IMPORTANCE CONCERNING THE EFFECT OF THE BILL OF RIGHTS ORDINANCE ON. EXISTING CRIMINAL LAWS; THE EXTENT TO WHICH A PUBLIC SERVANT'S ILL-GOTTEN GAINS CAN BE RECOVERED; AND THE ABILITY OF A FOREIGN STATE TO EXTRADITE A PERSON FOR A CONSPIRACY THAT TOOK PLACE OUTSIDE THE JURISDICTION OF THAT STATE.

"THE ABSENCE OF A COURT TO DEVELOP OUR LAWS IN SUCH AN AUTHORITATIVE WAY WOULD UNDERMINE PUBLIC CONFIDENCE IN OUR LEGAL SYSTEM AT A TIME WHEN IT IS MOST NEEDED, HE SAID.

COULD BE THE BASIC MUST OF

ON THE QUESTION OF THE USE OF CHINESE IN COURTS, MR MATHEWS SAID THE GOVERNMENT MUST ENSURE THAT THE CHINESE LANGUAGE USED IN ALL COURTS AS SOON AS POSSIBLE. THE PROVISION 'IN LAW THAT "IN ADDITION TO CHINESE, ENGLISH MAY ALSO BE USED", COURSE BE COMPLIED WITH BY JULY 1, 1997, HE SAID.

MR MATHEWS SAID THE GOVERNMENT INTENDED TO INTRODUCE SESSION LEGISLATIVE AMENDMENTS WHICH WOULD SEEK TO ALLOW THE CHINESE LANGUAGE IN HIGHER COURTS.

IN THIS USE OF

ONCE THESE AMENDMENTS HAD BEEN ENACTED, THE CHIEF JUSTICE INTENDED TO IMPLEMENT THE USE OF CHINESE IN COURTS ON A PHASED BASIS ACCORDING TO REALISTIC TIMETABLES WORKED OUT BY A STEERING COMMITTEE, WHICH INCLUDED REPRESENTATIVES OF THE LEGAL PROFESSION AND OTHER CONCERNED PARTIES, AND WOULD ADVISE THE CHIEF JUSTICE ON THE OVERALL IMPLEMENTATION OF THE USE OF CHINESE, IN ADDITION TO ENGLISH, IN THE DISTRICT COURT AND ABOVE.

ON THE SUGGESTION BY THE HON SIMON IP THAT SOLICITORS BE ELIGIBLE FOR DIRECT APPOINTMENT TO THE HIGH COURT, MR MATHEWS SAID THE LEGAL PROFESSION HAD CONFLICTING VIEWS ON THIS ISSUE.

"THE

SERIOUS

ADMINISTRATION IS NEVERTHELESS GIVING CONSIDERATION TO THE POSSIBILITY OF MAKING SOLICITORS WITH A CERTAIN LEVEL OF EXPERIENCE ELIGIBLE FOR SUCH APPOINTMENTS," HE SAID.

MR MATHEWS SAID MR IP'S PROPOSAL OF RELAXING THE RESTRICTION ON JUDGES TO RETURN TO PRIVATE PRACTICE WAS ANOTHER CONTROVERSIAL ISSUE HOTLY DEBATED FROM TIME TO TIME.

NOTING THAT IT WAS ESSENTIAL THAT JUSTICE MUST NOT ONLY BE DONE, BUT MUST BE SEEN TO BE DONE, MR MATHEWS SAID IF JUDGES WERE FREE ΤΟ RETURN ΤΟ PRIVATE PRACTICE, THERE COULD BE A PERCEPTION THAT JUDICIAL DECISIONS MAY HAVE BEEN INFLUENCED BY ULTERIOR MOTIVES.

"AND IF MANY EXPERIENCED JUDGES DID RETURN TO PRIVATE PRACTICE THIS COULD UNDERMINE PUBLIC CONFIDENCE IN THE MAINTENANCE OF THE RULE OF LAW WHEN IT IS MOST NEEDED. MOVEMENTS BACKWARDS AND FORWARDS BETWEEN THE BENCH AND THE PROFESSION WOULD TEND TO LOWER THE PUBLIC ESTIMATION OF THE JUDICIARY," MR MATHEWS SAID.

OF

HE ALSO ADDED THAT A RECENT STUDY BY THE ENGLISH BAR'S WORKING PARTY ON THE POSITION OF JUDGES AND THE BAR CAME DOWN IN FAVOUR MAINTAINING THE CONVENTION AGAINST RETURN TO PRACTICE.

/TURNING TO