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48.
RECOMMENDATION H. CLOSE THE EXPERIENCE GAP.
In my preamble I suggested that the greatest single cause of failure by legislatures is inexperience. In Hong Kong we have the monumental task of achieving in the next six years what other legislatures have achieved in hundreds of years. In addition we will soon be drawing in a substantial number of newly elected members who may form the largest single group in the Council.
This inexperience may be matched within the Administration where few Civil Servants have a concept of what we mean by legislative power or the sort of institution we are trying to build.
49.
a)
b)
c)
d)
Fortunately, help is at hand, in the form of
an offer of assistance by the University of Iowa, School of Comparative Legislatures, which has offered to conduct workshops at which Members can think about their roles as legislators and also some of the issues they will confront;
the Parliaments of Westminster and Ottawa which can arrange attachments for Members and Staffs;
the Commonwealth Parliamentary Association which arranges periodic conferences, seminars and workshops in which our members can participate;
my own experience of the working Parliamentary institutions. I would be delighted to conduct seminars and workshops for Members, Staffs and Civil Servants.
Minor Recommendations.
50.
RECOMMENDATION I. CONTROL LEGCO'S TIME. The new LegCo will pose the challenge of getting Governments business done in a timely manner in the absence of a Government majority. Issues here include the question of limitations on speeches, the rules for putting down motions, and the procedures for closing debate. To date this study has focused on the major issues of institutional design and I need to give further thought to these problems of procedure. At this stage, I am attracted by the US Senate procedures which are based on the need for universal consent, but other legislatures also offer useful models. I will revert.
51.
RECOMMENDATION J.
PARLIAMENTARY PRIVILEGE. The doctrine of Parliamentary privilege is an important one which applies to all the institutions I have studied and is zealously applied by all Members. It provides Members with the immunities necessary to uphold their role and empowers their legislatures to summon witnesses. In Hong Kong it is enshrined in the Legislative Council (Powers and Privileges) Ordinance and it has also been incorporated in the Basic Law. However, Members should be aware that the doctrine only applies to activities which have been authorised by the Council. Thus ad hoc groups and panels appointed by the in-house meeting are not covered and witnesses would be entitled to decline to attend their