XN000022-1995-02-23 — Page 16

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Mr James To: Mr President, the Governor said he would not do anything to undermine the rule of law in Hong Kong. But I want to tell you one thing in passing here: recently a magistrate ruled in a case, against Ming Pao, he ruled that Article 30 of the POBO was against the Bill of Rights Ordinance, and before the Government even digested the ruling, the ICAC said this is just a ruling by a magistrate and it is not binding and therefore the rule will still be enforced, that is to say, Section 30 of the Prevention of Bribery Ordinance. Although he is just a magistrate, but the ruling was made in a judicial process. I wonder whether you are aware of this? And I think this is an important matter; the rule of law is at stake.

I hope the Governor will convene a summit meeting on drug abuse among youngsters. I am glad to learn this because if you personally take up the role to convene a meeting like this and then if you agree to the views and if the community supports the policy related to the issues, there will be implementation. How much time would you need to prepare yourself for this issue? Would you say that this summit meeting which will last for a short time will enable you to have a full grasp of the issue? And before you convene this meeting, what are the points that you consider to be crucial? What can be done before the meeting? And in planning for the summit, are you prepared to take in views from the community?

Governor: On the first question, we are considering, as the Honourable gentleman knows, the implication of the magistrate's decision in the Ming Pao case. The whole community has debated Section 30 on a number of occasions, most recently in relation to the Sohmen Committee's Report, and we will bear that in mind as well when we consider exactly what best to do about the judgment in that Ming Pao case. But as I said earlier, what the rule of law means is that everybody is subject to it, including the Governor and the Government, though that does not mean that the Governor and the Government can't, if they don't like or disagree with a decision in a particular case, appeal it to a higher court. But we are considering the implications at the moment of that decision.