LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL
C133
26. For the purposes of this Ordinance, the President may exercise the powers President may act conferred on him by this Ordinance even though the Council has been dissolved.
when the Council is dissolved.
27. No prosecution for an offence under this Ordinance shall be instituted Consent of except with the consent of the Attorney General.
28. Section 4 of the Oaths and Declarations Ordinance is repealed.
Attorney General to prosecute.
Consequential amendment.
(Cap. 11.)
Explanatory Memorandum
This Bill makes provision for the powers and privileges of the Legislative Council, its members and officers.
2.
Part I of the Bill provides that it will come into force on a date to be fixed by the Governor.
3. Part II deals with the privileges and immunities of the Legislative Council and the members thereof. Clause 3 provides for freedom of speech and debate in the Council. Immunity is conferred upon on members by clause 4 from civil or criminal proceedings in respect of matters said or documents brought before the Council or any committee. Under clause 5 members are granted freedom from arrest for civil debt whilst going to, attending at or returning from any sitting of the Council or a coinmittee, and for a criminal offence whilst attending a sitting. Clause 6 prohibits the service of any civil process within the precincts of the Council Chamber while the Council is sitting, and confirms the usual exemptions relating to jury service and attendance as a witness in civil proceedings. Clause 7 prohibits evidence of proceedings in the Council or a committee being given elsewhere without leave. Clause 8 regulates the conduct of strangers within the precincts of the Council Chamber, and enables the President of the Council to make orders for that purpose and to order strangers to withdraw from the Council Chamber or the precincts of the Chamber.
4. Part III makes provision governing witnesses before the Council and its committees. Clause 9 empowers the Council or any standing committee to order witnesses to attend and produce books and documents. Clause 10 requires that an order relating to the attendance of witnesses be notified by way of summons under the hand of the Clerk. Clause 11 empowers the Council and its committees to require evidence to be given on oath and authorizes the administration of an oath. Clause 12 authorizes the arrest of anyone who fails to attend to give evidence in response to a summons, and makes provision for the release of such person on entering into a recognizance. Clause 13 enables the President of the Council to excuse a witness called to give evidence before the Council or a committee, who does not wish to answer a question or produce a document on the grounds that it is of a private nature and does not affect the subject of the inquiry. Clause 14 confers on such witnesses the same privileges as before a court of law, and imposes restrictions in respect of questions or documents relating to naval, military or air force matters. Clause 15 provides that any question arising in the Council or a committee relating to evidence or the production of documents be determined in accordance with the usage and practice of the Council prior to the Bill. Clause 16 enables a witness answering fully and faithfully questions put to him to obtain a certificate to that effect; on production of such a certificate in court, the court is required to stay any further proceedings against him, whether civil or criminal, arising out of that evidence, except proceedings in respect of false statements made by him.
5. Part IV deals with offences and penalties. Clauses 17 to 21 create offences in respect of the following-contempts, false evidence and deception, interference with members or officers or witnesses, defamatory and unauthorized publications, and offences by strangers.