TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 125

all have the "excuse" provided for under Section 4. is not what the Legislature intended."

Surely this

I mean no criticism of the magistrate herself, and I have not the remotest idea of whatever it was that the legislature intended for a society with some experience in the assessment of business and financial risk. I merely ask whether the Government of the United Kingdom knows that it may be leaving the people of Hong Kong with a system which admits of such rulings? Law reform is not a matter for HMG, of course; rather one for the British Hong Kong Government.

I am aware that the position may be changed by the Hong Kong Bill of Rights.

THE BILL OF RIGHTS: ITS PRACTICAL EFFECT

Dr. Nihal Jayawickrama has written that: -

"In December 1987, the then Attorney General, Michael Thomas

Q.C., convened a meeting of professional and academic lawyers to 'discuss the issue of human rights generally, and in particular, to discuss whether there is a need for the statutory recognition of human rights in Hong Kong, and if so, what form this should take.' In the course of those round-table discussions, it was generally agreed that legislation was necessary in Hong Kong, and that such legislation should be introduced before 1997 as it would: (a) enable jurisprudence to be built up; (b) assist in the education of the public; (c) stimulate the creation of human rights organizations and pressure groups; (d) assist in resolving any translation problems; and (e) aid a smooth transition in 1997. Alternative drafts were prepared and considered before the discussions ended on the eve

*62* of Michael Thomas's retirement from office in March 1988."

5.37.

This applies to judges, Without interpreting this

I believe that there is a need for an up-to-date discussion in the practical area of how work practices will be affected by the introduction of the Hong Kong Bill of Rights. administrators, lawyers and public servants. spread of attitudes to all participants, the discussion is unlikely to accomplish much by way of derivative benefit for the public, or for the participants round the table who come from various disciplines.

I hope that this discussion could develop into training courses. RIPA can

5.38.

assist here.

I hope that the Working Group's work, and the courses, could touch on a series of issues, some of them known as "human rights issues", which are not always taken seriously by government officials. Accordingly, in its Manual of Human Rights Training for Public Officials, the Commonwealth Secretariat wrote that:-