GRS 600
CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG 14122OZ JUN 35
TO IMMEDIATE F C O
TELEGRAM NUMBER 1179 OF 14 JUNE
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON
TOP
11/12
HKK 011
RECEIVED IN REGISTKY
17 JUN1985
FOR HONG KONG DEPT.
DEST
INDEX
PA
LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL 1985
cki
WE UNDERSTAND FROM MEDIA REPORTS THAT THE POWERS AND PRIVILEGES
BILL HAS BEEN RAISED IN THE UNITED KINGDOM BY, AMONG OTHERS, THE
SHADOW ATTORNEY GENERAL. IN DEALING WITH ANY CRITICISMS WHICH MAY
BE BROUGHT TO YOU, YOU MAY WISH TO HAVE A STATEMENT OF THE UNDERLYING
PHILOSOPHY AND PRECEDENTS FOR THE TWO MOST CONTROVERSIAL ELEMENTS OF
THE BILL, CLAUSES 17 (D) AND 20 EVEN THOUGH WE NOW PROPOSE TO DROP
THESE. THE BACKGROUND IS SET OUT BELOW AS ARE A NUMBER OF EXAMPLES FROM COMMON LAW JURISDICTIONS WHICH HAVE ENACTED SIMILAR PROVISIONS. THE FULL TITLES OF THE ORDINANCES CONCERNED ARE:
(A) SEYCHELLES ORDINANCE NO 15 OF 1975:
(B) THE LEGISLATIVE COUNCIL AND HOUSE OF REPRESENTATIVES (POWERS AND PRIVILEGES) ACT OF JAMAICA:
(C) THE NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT OF ZAMBIA:
(D) THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE OF
NORTHER RHODESIA:
(E) LEGISLATIVE COUNCIL POWERS AND PRIVILEGES ORDINANCE OF GIBRALTAR:
(F) THE PARLIAMENT (PRIVILEGES, IMMUNITIES AND POWERS) ACT OF
SINGAPORE:
(G) THE NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT OF KENYA.
2. BACKGROUND AND MODELS FOR ASPECTS OF THE BILL:
T
(A) CLAUSE 17(D): THE OFFENCE OF INTENTIONAL DISRESPECT'' SEEMS
NOT TO BE BASED ON ANY PARTICULAR REFERENCE IN ESKINE MAY, ALTHOUGH
ON PAGE 152, THERE IS REFERENCE TO INDIGNITIES WHICH OBSTRUCT
THE HOUSES IN THE PERFORMANCES OF THEIR FUNCTIONS BY DIMINISHING
THE RESPECT DUE TO THEM** WHICH MAY HAVE PROVIDED THE MODEL FOR THIS
OFFENCE WHICH FEATURES IN CLAUSE 19(A) OF THE SEYCHELLES, ZAMBIA, NORTHERN RHODESIA AND GIBRALTAR LEGISLATION:
(B) CLAUSE 20(A) (LIBEL ON THE COUNCIL OR A COMMITTEE) PROCEEDINGS
THEREAFTER ..): THIS CLAUSE DERIVES FROM ERSKINE MAY PAGE 152 AND IS SIMILAR TO THE SEYCHELLES (CLAUSE 25(B)), JAMAICA (CLAUSE 18(H)), ZAMBIA (CLAUSE 25(E)), NORTHERN RHODESIA (CLAUSE 25(3)), GIBRALTAR
(CLAUSE 22(B)), SINGAPORE (CLAUSE 30 (H) AND (N)) AND KENYA (CLAUSE
18 (H)) LEGISLATION:
STRY
on Taken
CONFIDENTIAL
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