TNAG-2989-FCO40-3575-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 119

The Rights Balance

82. One aspect of law and order about which I have heard a great deal since my arrival is public order and the powers which police officers need to maintain it. This issue is always difficult because of the conflicting values which are involved. On one side, we have the right of men and women to come together to discuss public affairs, to make their concerns known to the ruling institutions directly as well as to the community at large. The Government must ensure that the public has genuine opportunities to protest peacefully-even where the target is the Government itself. At the same time, the Government has a paramount duty to protect life and property, and to prevent violence and disorder. The Police, in other words, must have effective powers to protect public order. I am confident that in our current review of the Public Order Ordinance, we will be able to find the correct balance between the freedom of the individual in a modern society and the practical requirements of police officers in upholding the law in a civilised community. We should never forget that in order to preserve liberties, they need to be exercised with restraint.

Capital Punishment

83. Any society based on the rule of law must ensure that its laws reflect the realities of contemporary life and thought. I think it wrong in principle to leave laws on the Statute Book which are out of date, which we do not use and which we have no intention of using. I am referring here to the law on capital punishment.

84. On 26 June last year, this Council voted for a motion in favour of the repeal of capital punishment. In the debate, many Members recognised that laws which are not used or are out of date should be repealed. We have therefore prepared draft legislation to replace the penalty of capital punishment with life imprisonment. This amending legislation will be presented to the Council during this new session.

THE REWARDS OF SUCCESS

85. The ambitious programmes which I have outlined reflect the sentiments expressed by Members during the recent round of consultations by the Financial Secretary on spending priorities.

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