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The
proceedings against an individual member who has made
written reports or petitions, bills, resolutions,
motions etc. to the Council or committee.
privilege is enjoyed by the members. There is a
distinction between the two and both clauses should
remain. As to the second point, it may be more appropriate to deal with it under a code of conduct
for members.
(2) Clause 7(2): It is suggested that the President's
power under this Clause 7(2) is too wide because
without his giving special leave no person can give
evidence in court in respect of the contents of the
minutes or records of evidence given before the
Council or its committee. As I have mentioned before
it is envisaged that the President of the Council will
be elected by members of the Council and he should be
trusted to exercise his discretion to grant such
special leave according to the practice of the Council
under Clause 7(1). In any event his acts will be
subject to the scrutiny of members so that he will be
obliged to use his discretion reasonably and
judiciously. Hence no amendment is proposed.
(3) Clause 15: There were questions as to what is the
"usage and practice" of the Council and the
relationship between the new Clause 23 and the words
"any resolution of the Council". The usage and
practice of the Council has been illustrated by the
Hon Andrew SO on the 12th of May 1985. As to the
latter point I have explained at the committee stage
that Clause 23 is an overriding provision in this bill
and that Clause 15 must be read with this proviso in
mind.