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Treasuring the law

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The row over the auctioned Chinese national treasures is destined to remain a major topic of debate for months to come, despite their being bought by mainland companies and returned to their city of origin.

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The convenor of the Executive Council, Leung Chun-yin, described Sotheby's decision to press ahead with the sale as 'worse than stupid', but said he did not see the need for more laws to stop future sales. That is one man's considered opinion about a subject on which everyone has a view.

Beijing may have a different view. It may well take action to register displeasure at what is deemed an insult to national pride. If the same objects had been put up for sale in another country, the controversy would not have arisen as fiercely as in Hong Kong. And as long as feelings here remain strong, calls for new laws to stop further trade in looted artefacts will likely gather momentum.

However, international laws are already in place to prevent the widespread looting and stealing of works of art which goes on today. The past is another matter. The conventions to which China is a signatory have no retroactive effect, and it is nearly impossible to legislate against the sale of cultural objects taken in past centuries.

The first step should be to ensure that existing legislation is observed. Thereafter, it might be prudent to avoid rushing to judgment on an issue in ways which could create new problems. There are many facets to this issue, and things are not as straightforward as they might at first appear. Restrictive legislation could, at the end of the day, do more harm than good.

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