CHAN KA CHUN 6B 16

Context The Background of the event 1-2 What is PUBLIC INTEREST? 3-4 The point of view of law 5-6 The point of view of love 7-8 The example of the unfair case 9 My opinion

Background The Department of Justice took the unusual step of clarifying the concept of ‘ public interest ’ at 18 of December after prosecutors dropped charges against a High Court with drugs and a punblic official who was arrested for shoplifting. 1

On 12 of December,the department declined to prosecute Assistant Director of Houseing Poon Kai-tik on charges he tried to assault a shopkeeper who nabbed him as he placed a $60 book inside his jacket. 2

What is public interest? Pubic interest does not necessarily in itself mean something that involves monetary benefits; it is more about their righteousness of the legal system as whole. 3

Judicial organizations have to take into account a number of factors before deciding,upon the defendant ’ s representation, either by himself or through his counsel,that the alleged charges should be amended,or even dropped. 4

Legality and equality before the law are two fundamental facets of the "Rule of Law". But the principle demands something more; otherwise it would be satisfied by giving the Government unrestricted discretionary powers. A further meaning of the Rule of Law, therefore, is to be found in a system of rules which restrict discretionary power. To this end the courts have developed a set of guidelines aimed at ensuring that statutory powers are not used in ways which the Legislature did not intend. These guidelines relate to both the substance and the procedures relating to the exercise of executive power. The point of view of law 5

The rule of law has played a vital role in Hong Kong's past success, and will continue to be essential for Hong Kong's future. In his address to the Legislative Council on 6 October 1999, the Chief Executive of the HKSAR affirmed that "The rule of law, in which I firmly believe, is fundamental to our success. It is precisely because of the full implementation of the Basic Law after the reunification that we have been able to continue to practise and develop the common law system in Hong Kong. This constitutional arrangement put in place under the "One Country, Two Systems" principle is unique." 6

The point of view of Love From the point of view of tradition of Chinese, the human sympathy is very important of every Chinese. Moreover, the theory of Confucian affects the Chinese. 父為 子隱, 子為父隱, 直在其中。 It means if the father or son breaks the law, another person should protect him and hide the truth. 7

Applying the theory to this case, although the criminal suspect breaks the law, he has charges dropped because his father ’ s unusual position is in accord with reason and law. 8

The example of unfair case The boss of Hong Kong Standard (Wu Sin) last year. A Drug charges against a High court judge ’ s son were dropped last week. 9

Comment In my opinion, the court ’ s decision is unfair and unreasonable. Although the book which the criminal stole is just 60 dollars,however,it also breaks the law. If the criminal only is a resident of a city, according to the law of Hong Kong, the punishment of him is to be put in jail for 12 months. 10

I am very disappointed to see the criminal to go free.The decision of Court seriously violates the legal principal.It will create so many bad effects. For instance, the reputation of Hong Kong will incur damage. The businessman would worry about their risk of investment and their safety. 11

The government should maintain and observe the law.Let the people in Hong Kong live and work in peace and contentment. 12