XN000022-1995-11-15 — Page 2

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No interference in judicial independence by the executive

A government spokesman issued the following statement:

"Some misunderstandings have arisen leading to misinformed comment that the Administration has interfered with the independence of the Judiciary in the current Bill of Rights Ordinance (BORO) issue. Such suggestions are totally groundless.

"As has been widely reported, at a meeting with the Chief Secretary on Monday to discuss other matters, the Chief Justice outlined to the Chief Secretary some of his views on the BORO following the remarks which had been ascribed to him by a senior Chinese Government official.

"The Chief Justice himself described his views as being of a jurisprudential and technical nature, and said he would convey them in writing so that they could be considered by the Administration.

"There is no question that the Chief Secretary demanded, insisted or instructed the Chief Justice to submit a report. She is not in a position to do so; nor would she consider doing so.

"In view of the importance of this issue and the public interest in it, it seems only natural that the Chief Justice would want to state these views to the Hong Kong Administration. He himself has said that he considers it is in order for him to do so. We look forward to receiving those views.

"The principle of the separation of the executive and the judiciary is perfectly well understood by and adhered to by the Hong Kong Government. But this separation does not mean that there can be no communication between the Judiciary and the Administration.

"If the Judiciary has concerns over how a piece of legislation is operating in practice it does not in any way compromise judicial independence for the Chief Justice to communicate those concerns to the Administration.

"We have communication in other areas relating to the administration of justice in Hong Kong. From time to time, we seek the views of the Judiciary on draft legislation which affect the administration of justice.

"On other occasions, we also seek the views of the Judiciary on proposals for law reform; and senior members of the Judiciary often chair sub-committees of the Law Reform Commission."

End/Wednesday, November 15, 1995