TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 115

Sir, I mention

these

matters because it is

necessary to remind ourselves ever SO often that if the

people of Hong Kong wish to preserve the rule of law and

the independence of the judiciary after 1997, then it is

incumbent on all of us to realise that these cardinal

principles of criminal justice must not be whittled down

in any circumstances whatsoever.

this world.

sir, no legal system is perfect in this

But we believe that our legal system affords the greatest

protection to the individual. And in the context of 1997,

nothing can be more important than the preservation of

these cardinal principles.

The present clause 16(1)(a) no longer requires an

accused person to serve and deliver a written outline of the defence case but merely

prosecutor and deliver to the

haw

requires to serve on the

indicating, with reference to the

ifto

a written statement

prosecution case

statement, the facts on which he takes issues with the prosecution".

Sir, I shall move a number of amendments in

Committee which I

Administration.

this stage.

understand will be supported by the

But I do not propose to deal with them at