The Dance of Folly

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One theme runs through these essays: how a culture of prolixity, philosophizing and supine reliance on counsel's arguments, developed by the courts over the past 20-odd years, has smothered a previously effective legal system.

Thirty-seven years have elapsed since the Sino-British Joint Declaration 'settled' the future of Hong Kong. At that time the common law was lean and robust; judgments from the courts were brief, crisp and focussed on remedies.

The Joint Declaration, in ending Britain's rule over Hong Kong. gave effect to the Central Government's basic policy of One Country Two Systems, to be applied in the Hong Kong SAR after 30 June 1997.

In April 1990, the National Peoples Congress implemented the Joint Declaration by enacting the Basic Law, concretising the policy of One Country Two Systems, preserving the common law as the governing legal system in the Region.

This book of essays raises a number of questions. Is the common law, as practised in the courts today, fit for purpose? Are the courts, in administering the law as seen today, giving full and faithful effect to the policy of One Country Two Systems? What might be the consequences if they are not?

The malaise affecting the Judiciary is hidden from public view. In theory, judgments handed down by the courts are publicly available In practice, if a prison down-loads a judgment from the Judiciary website. he would be met by an avalanche of words.

Take the first-instance judgment in the Face-mask Case: 100 pages, most of them devoted to discussing concepts, norms and values which make no sense to the ordinary person. 1 he law is enveloped In mystery which eats away, sight unseen, at the rule of law.

The aim of these essays Is to shed light on this dark area of the law.

Hansberry was the youngest and the first black writer to receive this award.

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