TNAG-2225-FCO40-3196-Political-relations-between-Hong-Kong-and-Australia-1991 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

of the Ontario Court

Court of Appeal, explained developments

affecting equal opportunity and discrimination in Canada.

The concluding remarks of Professor Raymond Wacks of

the Hong Kong Law School declared the conference a success.

But perhaps the most telling contribution was made by a

participant who was absent from the conference. Professor

Gong Xiang Rui of the Faculty of Law of Beijing University in

the PRC prepared a paper on The Constitutional Protection

of Human Rights: the Chinese View. It must be inferred

that the paper did not state the official Chinese view as

Professor Gong was not permitted to attend. Nevertheless his

paper was read by the conference organiser, Mr Johannes Chan

of the Hong Kong Law School. He also read a letter which

accompanied the paper. At the close of his paper, Professor

Gong declared:

"So long as their is free election based upon public opinions, it is always possible to compel the government not to overstep the boundaries of its powers, for their is a minority who would give attention to any abuse, and to persuade the electorate to oppose those abuses. And if the government is not responsive it may be turned out. There will be no democracy if minority opinions cannot be expressed, or if people cannot meet together to discuss their opinions and their actions, or if those who think alike on any subject cannot associate for mutual support and for the propagation of their common ideas. Yet these rights are vulnerable and they are most likely to be subject to attack. Therefore the most fundamental liberty is not only of free elections but also of limitations of government powers.

The eloquent plea for the rule of law by a distinguished

Chinese legal scholar presented the conference in Hong Kong

with a ray of hope. Nevertheless, Professor Gong's absence,

and his empty chair provided a telling statement on the lack

of acceptance of diverse opinions on

diverse opinions on such subjects in the

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