14
meetings. Indeed my advice to a Civil Servant would be very strongly that he should decline to appear in public before such a group!
52.
RECOMMENDATION K. UPHOLD THE REPUTATION OF THE MEMBERS : CONFLICTS OF INTEREST. There has been considerable discussion of this issue recently. We need to ensure that:-
a)
b)
there is an effective arrangement for Members' interests to be disclosed. I commend the British practice which requires interests to be disclosed, but then allows Parliament to decide whether a conflict of interest arises.
There is an effective machinery for advising Members on ethical issues.
There is a machinery for investigating complaints fairly.
c)
d)
That the rules are debated and agreed by LegCo.
e)
53.
That a balance is struck between the need for disclosure and the individual Members right to privacy. What is significant here is that there is an interest not the value of an interest.
CONCLUSION. This paper is about the design of a major institution which in September this year will be subjected to new pressures with the introduction for the first time of directly elected Members. In my view a great deal of work will need to be done in order to arrive at the right arrangements, particularly in the next few months. I am very happy to spend what time is necessary in Hong Kong in order to help with that process.
54.
Although the challenge is great, I confidently predict that we will rise to it. An enduring, vital LegCo can be created within the strong framework of the Basic Law.
55.
I commend to my readers the article at Annex B, which shows how one newly emergent legislature, working under huge restraints, rose to the challenge.
(REP/REPORT1)