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5.
Hong Kong
Kong have
new
examined ways of overcoming
this
problem. Their preliminary conclusion is that, subject to the agreement of Unofficials (who have yet to be consulted), a
scheme might be introduced experimentally to allow the Chief Secretary at question
time to introduce
introduce the appropriate Secretary to reply to allocated questions, although it will be necessary to avoid question time becoming a sort of ad hoc Select Committee. If this scheme were introduced, Hong Kong
have noted that it will be necessary to amend LEGCO
Standing Orders accordingly. By coincidence these Orders
are in any event due to be
to be reviewed during the current
session.
6.
Legal Advisers
Advisers have been consulted. They advise
that they are unaware of any
constitutional precedent (in any country) for a "third category" of participants in the work of a legislature, being neither members nor witnesses. However, they see no legal or constitutional objection to introducing such
such a third category to enable non-members to give
give answers to LEGCO questions. They advise that to proceed with such a proposal it would be
necessary to amend the Legislative Council (Powers and Privileges) Ordinance in addition to LEG CO Standing
Orders.
7. I agree with the Governor that the problem posed by
the reduction in the number of Official members should be examined with Unofficials, with a view
view to ensuring that Government business is adequately covered in the new
LEGCO.
It would not be very satisfactory for 10
Officials (of whom 3 are ex officio members without their own departments) to seek to answer questions covering the
activities of 14 Secretariat branches and some 50
government departments. We must ensure that Government business is seen to be properly presented, and answered for, in LEGCO: if it were to appear otherwise, we and the Hong Kong Government would be open to the charge that we are insincere in our stated aim of introducing more
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