XN000022-1995-07-12 — Page 23

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Rule of law in good shape

Rule of law is about fundamental principles which the Hong Kong Government zealously promotes and enhances, and the Government's track record over the past three years on reinforcing and preserving the rule of law has been beyond reproach, the Attorney General, the Hon Jeremy Mathews, told the Legislative Council today (Wednesday).

Mr Mathews said the rule of law had been paramount in the vision for the future set out by the Governor. The motion in the Council calling for a no confidence vote on the Governor was founded on some bare assertions that were unsupported by any evidence, he said.

Speaking against the motion by the Hon Cheung Man-kwong and an amendment by the Hon Emily Lau, Mr Mathews set out three principles of the rule of law which shape and underpin the fabric of the society:

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No one exercising power, from the Governor down, can do anything to affect the individual, his or her home, his or her property or his or her freedom, unless he can point to some specific provision of the law which authorises his action.

All persons are equal before the law. All persons, high or low, rich or poor, whatever their race, politics or religion, are subject to the law of Hong Kong administered by the courts.

Hong Kong's courts are independent of the executive. Throughout the years, decisions of the courts to protect the rights of individuals and to check abuse of the powers of the Government have exercised a profound influence.

In elaboration of the first principle. Mr Mathews pointed out that acts of the Government were subject to judicial safeguards.

He highlighted the safeguards: the power of arrest and detention before trial were subject to strict limits; the prosecution had to prove its case beyond reasonable doubt; the trial had to be public so that it could be seen that there was no injustice, the duty of the prosecution was not to strive to secure a conviction but to see that all the facts were placed fairly before the court so that the verdict would be just; and the discretionary powers exercised by the Government could be challenged through judicial review.