1
''STRANGERS' WILL GO: SO WILL **INTENTIONAL DISRESPECT:'' A REVISED CLAUSE WILL EXPRESS THE GENERAL PRINCIPLE THAT COUNCIL BUSINESS SHOULD BE IN PUBLIC LEAVING MEMBERS TO DECIDE WHEN, IF AT ALL, THEY NEED TO CONDUCT SOME BUSINESS IN PRIVATE. THERE MUST BE TRUST IN THE COCNCIL TO USE ITS GOOD SENSE AND HAVE REGARD TO THE PUBLIC INTEREST WHEN DECIDING TO EXERCISE THIS POWER.''
18. ''IT IS A NECESSARY CHARACTERISTIC OF ALL LEGISLATIVE
COUNCILS THAT THEY SHOULD BE FREE TO DEBATE THE ISSUES OF THE DAY
AND TO REFLECT PUBLIC OPINION IN THE COURSE OF INFORMED DEBATE.
FOR THIS PURPOSE TOO, AND IN ORDER TO CARRY OUT PROPERLY THEIR DUTY TO SCRUTINISE LEGISLATION AND TO CONTROL PUBLIC EXPENDITURE, THEY NEED POWERS TO BE ENABLED TO INVESTIGATE RELEVANT MATERIAL. AS MISS TAM HAS POINTED OUT WE HAVE ALREADY SEEN IN
THIS COUNCIL THE DEVELOPMENT OF THE WORK OF THE FINANCE COMMITTEE
IN PUBLIC, THE EXAMINATION OF WITNESSES IN THE PUBLIC ACCOUNTS
COMMITTEE TO AUDIT PUBLIC EXPENDITURE, AND MOST RECENTLY, A
SELECT COMMITTEE ESTABLISHED TO INVESTIGATE PROBLEM ASSOCIATED
WITH THE MODERN PHENOMENON OF COMPLEX COMMERCIAL CRIMES. TO
ENABLE MEMBERS OF THIS COUNCIL TO ACT IN THE PUBLIC INTEREST TO
INVESTIGATE TOPICS THAT ARE OF PUBLIC CONCERN, THE COUNCIL MU T ENJOY POWERS TO REQUIRE THE ATTENDANCE OF MEMBERS OF THE PUBLIC
WITH INFORMATION OR KNOWLEDGE TO IMPART AND TO PRODUCE DOCUMENTS
AND TO GIVE EVIDENCE. AS HAS BEEN POINTED OUT HTWEVER THE ARRANGE-
MENTS IN PARAGRAPH 16 OF THE BILL AS PRESENTLY DRAFTED ARE TOO
FAR-REACHING IN PROTECTION OF INDIVIDUAL WITNESSES FOR THEY
MIGHT AFFECT THE RIGHTS OF THIRD PARTIES AND DEFEAT THE ENDS OF
JUSTICE. AMENDMENTS WILL BE PROPOSED TO MAKE SUCH EVIDENCE
INADMISSIBLE IN SUBSEQUENT PROCEEDINGS WHICH I HOPE WILL BE SEEN TO
BE ADEQUATE PROTECTION FOR THAT PURPOSE.''
19. ''SIR, THE PUBLIC DEBATE WHICH HAS TAKEN PLACE SINCE THIS BILL
WAS PUBLISHED PROVIDES A CLEAR INDICATION OF A HEIGHTENED PUBLIC
AWARENESS OF THE IMPORTANT ROLE PLAYED BY THIS COUNCIL IN THE
AFFAIRS OF HONG KONG. MEMBERS OF THIS COUNCIL IN PARTICULAR THE
(NEXT TWO WORDS UNDERLINED) AH HOC COMMITTEE WITH MISS MARIA
TAM AS CONVENOR HAVE ALSO PUT IN MANY LONG HOURS OF DISCUSSION AND
ANALYSIS AND HAVE MADE A GREAT MANY HELPFUL PROPOSALS AND I SHOULD
LIKE HERE TO THANK THEM FOR THEIR HARD WORK. I BELIEVE THAT THE
BILL IN ITS AMENDED FORM WILL COMMEND ITSELF TO MEMBERS AND TO
THE PUBLIC AT LARGE. IT PROTECTS THE PRINCIPLES, IT ESTABLISHES
THE PROCEDURES IT WILL SET THE NEW LEGISLATURE ON COURSE IN ITS
OWN COUNCIL CHAMBER AND I HAVE NO HESITATION THEREFORE IN PROPOSING
THAT THE BILL BE READ A SECOND TIME.''
ENDS.
YOUDE
LIMITED
HKD
PS
PS/MR LUCE
SIR W HARDING MR WILSON
5
CONFIDENTIAL
Page 135Page 136