£)
2
as soon as practicable channels of communication between constituents and members should be strengthened. The present centralized clearing house for complaints at Swire House should be abolished to release resources. Such a clearing house by-passes the relationship that should exist between the electorate and their chosen representatives.
g)
the resources applied to LegCo be reviewed.
They
are low by standards elsewhere. Adequate resources must be made available to ensure the staff of the right calibre are attracted.
h)
that during the next six months, workshops, and teach ins should be devised and conducted for Members. My studies suggest that the most important single cause of failure by Legislatures is inexperience. We must avoid this trap in Hong Kong.
Minor Recommendations
i)
j)
k)
in devising rules for LegCo, attention should be given to the problem of controlling LegCo's time. In the absence of a Government majority to enforce the closure of debate and the timely completion of business, closure can be achieved only through
consensus.
the doctrine of Parliamentary privilege should be applied. The Legislature Council (Powers and Privileges) Ordinance, which protects Members and witnesses, applies only to committees appointed with the authority of LegCo.
measures should be taken to ensure that Members' reputation for integrity continues to be upheld. There should continue to be a register of Members interests and a machinery for investigating complaints should be established.
BACKGROUND AND ARGUMENT
3.
As background to my research, I asked why so many Legislatures (e.g. in Greece, Thailand - where they have been 9 constitutions since 1931 - the Philippines, Indonesia, Pakistan, Bangladesh, Chile, South Korea and most Latin American and African countries) have failed. The proximate cause seems to be that they forfeit public support particularly that of the Elite. Loss of support comes about because of the inexperience of Members, which follows from over rapid institutional development and turn over of Members. Inexperience leads to a reluctance to accept discipline or sensible rules of procedure; and, in the worst cases, total frustration of the Executive.