6. ''THE ELEMENT OF THE BILL THAT IS SOMEWHAT DIFFERENT FROM THE
CLASSIC TRADITIONS OF PARLIAMENTARY LAW IS THAT INSTEAD OF THIS
COUNCIL CLAIMING POWER TO PUNISH FOR BREACHES OF PRIVILEGE, THAT QUESTION IS TO BE HANDED OVER TO THE COURTS. IN OTHER
WORDS THE BILL MAKES THE CONCESSION, AND RIGHTLY SO, THAT THIS
COUNCIL SHOULD NEVER ACT AS JUDGE IN ITS OWN CAUSE.''
7. **I DO NOT PROPOSE TO SPEAK SEPARATELY ON ALL THE POINTS AND
AMENDMENTS WHICH HAVE BEEN PUT FORWARD BY MEMBERS TODAY. THEIR
PROPOSALS HAVE BEEN MADE AFTER SERIOUS AND PROLONGED DELIBERATION
AND CONSULTATION AND THEY WILL THEREFORE BE CONTAINED IN AN AMENDED
TEXT OF THE FULL BILL WHICH WILL BE PUBLISHED IN THE GAZETTE AT THE
END OF THIS WEEK FOR GENERAL INFORMATION.'
3.
''NEVERTHELESS ALTHOUGH I AM NOT GOING TO SPEAK ABOUT ALL THE
PROPOSALS I SHOULD LIKE ADD SOMETHING TO WHAT MEMBERS HAVE ALREADY
SAID WITH REGARD TO SOME CLAUSES WITHIN THE BILL. 11
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9. MANY OF THE CONCERNS ABOUT THE BILL, PARTICULARLY THOSE OF
THE PRESS HAVE FOCUSSED ON CLAUSE 20 WHICH DEALS WITH DEFAMATORY
AND UNAUTHORISED PUBLICATIONS. THE CLAUSE REPRESENTS AN ATTEMPT TO IMPOSE LIMITS ON THE EXERCISE OF THE RIGHT TO SUBJECT THE COUNCIL, ITS MEMBERS OR PROCEEDINGS TO SCURILOUS ABUSE OR MALICIOUS ATTACKS OR TO DISCLOSE IN A PUBLIC WAY WHAT HAS BEEN DONE AND
DISCUSSED IN CONFIDENCE.'
"
10. IN THE CONTEXT OF ACCEPTED PARLIAMENTARY LAW, IT IS
A BREACH OF THE PRIVILEGE OF A LEGISLATURE TO SUBJECT IT OR ITS PROCEEDINGS TO CONTEMPT. THAT PROTECTION IS NECESSARY FOR THE FUNCTIONING OF ANY BODY OF THE NATURE OF THIS COUNCIL. IF, THAT IS NOT AGREED, THEN THE ARGUMENT BECOMES ONE THAT SAYS
BLUNTLY THAT THERE IS NO LIMIT TO WHAT MIGHT BE SAID.'
11. ''HOWEVER, AS HAS BEEN POINTED OUT THE LAW OF LIBEL ALREADY EXISTS WHICH PROTECTS MEMBRS AS ORDINARY PERSONS AND THERE MAY BE OTHER LAWS WHICH ARE RELEVANT. THE GOVERNMENT THEREFORE, IF MEMBERS ARE CONTENT, IS PREPARED NOT TO PROCEED WITH THIS CLAUSE. HOWEVER THE ADMINISTRATION, AS MRS SELENA CHOW HAS DRAWN ATTENTION, CONTINUES TO SEE MERIT IN HAVING PROVISIONS TO GUARD AGAINST THE DISCLOSURE OF CONFIDENTIAL INFORMATION AND PROCEEDINGS, AND WILL MAKE AN EXAMINATION OF THE EXTENT TO WHICH THESE OBJECTIVES CAN BE ACHIEVED."
12. CLAUSE 24 HAS BEEN DENOUNCED ON THE HROUND THAT IT EXCLUDES THE JURISDICTION OF THE COURTS IN RELATION TO THE MANNER IN WHICH THE COUNCIL, ITS PRESIDENT AND ITS OFFICERS EXERCISE POWERS CONFERRED BY THE BILL OR STANDING ORDERS, CONFERRED BY THE BILL OR THE STANDING ORDERS. I DO NOT THINK THE TRUE MEANING AND EFFECT OF CLAUSE 24 IS QUITE SO FAR REACHING AS ITS CRITICS HAVE ALLEGED.'!
CONFIDENTIAL
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