TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 159

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

risk of a retreat to parochialism.

But if we work at it in

the community of

the

common

law,

we

can draw upon

each

other's jurisprudence.

In this sense,

severance of the link

to London may actually ensure access to the treasurehouse of jurisprudence in other common law centres.

We in the Pacific

area should become more aware of each other's jurisprudence,

for this is the

the area of the greatest economic potential in

the 21st century. Hong Kong judges and lawyers may forge

closer links with colleagues in the region. Those colleagues

that this ensure

can be

be done. Whether it

for the

should work to

exists in an appellate court

an appellate court or simply in participation in

the exchange of law reports and journals remains

future. But in the common law world, and working on a Bill

of Rights, a judge is never alone. The judge always has the

great intellectual support of those who have gone before and

who labour away on similar problems in other lands. It is

the

system of precedent and the development of

principles by analogous reasoning which is the strength of

tradition gives That

very

our

legal

tradition.

conviction to the judge,

working

courage

and

in lonely chambers,

the problem in

in hand

endeavouring with integrity to solve the

according to law.

It is true that many spectres can be seen in the future

of basic rights in Hong Kong after 1997.

Some arise from the

deficiencies of the political system bequeathed by the

Others derive from the perceived threats of

colonial power.

Candour

absorption in a highly centralised autocracy.

dictates that the events of Tiananmen Square should be

mentioned again. They have led many to be cynical about the

prospects of the rule of law, human rights and the

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