Sir,
DRAFT SPEECH BY HON MARTIN LEE, QC, JP
LEGISLATIVE COUNCIL
-
25 MARCH 1987
Motor Vehicles Insurance (Third Party Risks)
(Amendment) Bill 1986
Dr Ip has already dealt fully with the findings of the
Ad Нос Group in particular the deficiencies within the
Administration. She has also explained the merits of
Government's arguments for repeal of section 8. As a member of the Ad Нос Group studying the bill, I entirely agree with everything she has said. There is, however, a further dimension to this issue which caused concern to the Ad Hoc Group that she has slightly touched on and which I must raise today as it is a
matter of legal principle.
person
of
The issue of
issue of concern is this. In 1978, section 8 was amended to place legal responsibility upon the Government (in the
the Director
Director of Medical and Health Services or his
appointed agent) to collect from insurance companies expenses incurred in treating victims of traffic accidents in Government
hospitals. But in September 1981 the Government, without reference to the Legislative Council, decided to suspend the operation of section 8; and it was not until 30th July 1986, when
this bill
bill was introduced into this Council, that the Government sought legislative sanction for its decision. Prima facie, this is a regrettable example of Government ignoring its legal obligations. Yet, in fairness to the Government, it must be said that on this occasion it was not acting contrary to the legal
advice it had received. My own view, which is supported by the
Ad Нос Group, is that the legal advice was wrong for the
following reasons
(1)
Section 8, as
amended in 1978, gave discretion to
the Director to waive only out-patient expenses;
and then only in individual cases.