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Mainland legal letters do not hold water

I am glad that Secretary for Justice Elsie Leung Oi-sie released the letters from mainland academics that convinced her to change her mind on whether the next chief executive should serve for two or five years ('Two-year term is clear, say drafters,' March 31).

But did she really expect us to be convinced by these letters? A careful reading of them reveals that they are nothing more than a farrago of sophistry to try to justify this: that 'five years' equals 'two years'; that the crystal-clarity of the Basic Law is somehow unclear; that black is white.

The fact that Miss Leung has released these letters is, in a sense, disturbing. For there are only three ways we can read her about-face. First, she believes that these letters really do form a convincing case - if so, heaven help us, for the argument they present is weak indeed, consisting of tendentious and orchestrated arguments, none of which holds water, and all of which are obscure to the point of incoherence. Second, that she was busy and did not have time to read them carefully - in which case shame on her, for she should spend more time on an issue of this importance to our rule of law. Third, that she knows that these are spurious arguments, but believes that the public will be swayed by them - in which case, this would be yet another case of the contempt for public opinion for which this government has become infamous.

I also note in these letters that there is repeated reference to mainland law. Surely we should not have to remind Miss Leung that the Joint Declaration and the Basic Law repeatedly and specifically state that Hong Kong law shall be the common law and not the mainland law.

PETER FORSYTHE, Discovery Bay

Civil service pay verdict

It has been pleasing to read numerous Post leaders supporting the sanctity of the Basic Law. Most of these, of course, have concerned the length of term to be served by the next chief executive.

However, your article on Cathay Pacific's decision to repay flight attendants back-pay lost as a result of breach of contract serves to highlight another important aspect of the Basic Law that will soon be scrutinised by our highest court. In June, the Court of Final Appeal will decide whether the government's unilateral decision to enforce the cut in pay of civil servants (including police officers) by way of legislation was in breach of Article 100. The Court of Appeal has already ruled that it does breach that article and it seems lawyers for Cathay Pacific have reached a similar conclusion in assessing the company's breach of contract, part of the justification of which was the 'economic downturn'.

Most police officers still hope that the government will respect the decision of the Court of Appeal without causing further rifts in the fragile relationship with the civil service. By abandoning its appeal and returning to the negotiating table, without the threat of legislating changes to contractual obligations, the government can secure the confidence of the public service. Unfortunately this will require Secretary for the Civil Service Joseph Wong Wing-ping to do something he has so far been incapable of - admit he is wrong.

The world's eyes will also be on Hong Kong in December when the World Trade Organisation conference, and all its baggage, comes to town. We need a police force with high morale and government support to ensure the safety of our citizens and Hong Kong's reputation. It is time for common sense and the rule of law to prevail.

DAVID WILLIAMS, secretary, Overseas Inspectors Association, Hong Kong Police

Schiavo: an issue for US

In the letter 'She was no longer living' (April 2), David Holcberg wonders what to make of his government's crusade to maintain the life of a stable patient for as long as possible. It is easy to wonder about these things from a developed-world position of privilege and security.

His government claims to be motivated by a respect for the 'inherent' value of human life. This is true. It is part of the American dream that all non-Americans aspire to - to live in a country where life is sacred. He claims that Terri Schiavo's life was no longer worth living, and yet did not indicate that he knew her, and so I wonder how he can make such a statement, other than by projecting his prejudice. He says that Schiavo was no longer living, at least not as a human being. This may not be true. He says that she had nothing to gain from living, and it was clear those who wanted to keep her alive were not concerned with her well-being. The inference is that death is a better state than life, at least in her case. This is an outrageous statement.

How he must enjoy living in the greatest democracy and richest country of the modern era. What the rest of the world should fear is his attitudes taking hold in a political party, which is voted into power.

NAME AND ADDRESS SUPPLIED

Smoking ban: right on!

I refer to the article 'Clubs steamed up over smoking ban' (April 2).

The government and, in particular, Secretary for Health, Welfare and Food York Chow Yat-ngok should be lauded for the proposed legislation to totally ban smoking at indoor workplaces, with a shortened grace period of six months (instead of one year) for compliance with the ban. This is the sort of leadership, courage and determination to do what is right for the community that we expect from our government.

It is now up to the Legislative Council, in the face of a strong lobby from the tobacco industry and others, to ensure that non-smokers, the majority of the community, are protected from the perils of second-hand smoking. I urge all like-minded non-smokers to voice their support in public for the proposed legislation.

ALEX AU, Mid-Levels

Pope will be made saint

Pope John Paul II, a man of deep faith, will one day be proclaimed a saint by the Catholic Church. The Holy Father was an inspiration and a model witness to the life of Christ; a shepherd of truth immersed in profound humility and immense love for both God and man.

His many writings and tireless, world-wide pilgrimages of faith have been a source of strength, encouragement, confidence, optimism and enlightenment not only to Catholics but to all men of goodwill. A champion of the poor and ardent exponent of Christian unity, the Polish pontiff was both a beacon of light and salt of the earth. Alongside his historic role in the fall of communism, John Paul II was the world's most influential and uncompromising defender of the dignity of human life.

PAUL KOKOSKI, Hamilton, Ontario, Canada

Views from Middle Ages

With the death of Pope John Paul II we have seen world leaders tripping over themselves to eulogise him with complete disregard for the harm caused by him and his $40 billion organisation, the Catholic Church.

The Pope oversaw the expansion of Catholicism in Africa, and yet saw fit to condemn many of his converts to death by denouncing contraception and claiming that 'condoms are ineffective against HIV'. Many of his views were straight from the Middle Ages - blaming women for 'luring men into temptation', and proclaiming homosexuals to be 'evil'. He insulted decent people everywhere in 1998 when he beatified the Croatian archbishop who collaborated with the Nazis as they exterminated 600,000 Jews, gypsies and communists, and famously said, 'Hitler is an envoy from God'.

I fail to see how history can be kind to this man who was also a part-time spy: he worked with the CIA to plot the downfall of the Polish government.

JACK MUIR, Causeway Bay

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