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This 182/2
FROM: Miss S Brooks
Legal Counsellor K199
270 3069
DATE: 22 October 1991
CC:
Mr Ricketts, HKD
Mr Stone HKD
SCOPE FOR LEGCO TO DEBATE THE AIRPORT MOU
84
I refer to my minute of 8(october on this subject and to Mr Ricketts' manuscript comment on my minute.
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2.
I think Mr Ricketts is right in suggesting that it depends on the question put. If, for example, there was a motion that the new airport shall be constructed on the basis of the framework set out in the MOU, the effect of the motion, if passed, would be to charge Hong Kong Government revenues with costs of building the new airport. (The actual charging of HK Government revenues would be by a Public Finance Ordinance which, of course, the Government could initiate without the spur of such a motion). Whether or not the Governor ought to exercise his power under the proviso to Royal Instruction XXIV to disallow debate in the case of such a question is a matter of policy. One relevant factor would be the extent to which the Governor has exercised this power in the past including in the last two or three years.
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3. I would imagine that the questions likely to arise in LegCo on the MOU would either be of a financial nature or of a legal nature. If they are of a legal nature, Standing Order 18 (which applies to questions to be answered by oral or written reply but not to motions which are, of course, debated) is helpful. Paragraph h) of Standing Order 18 provides that a question "shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal question, or the answer to a hypothetical proposition." Nor can a question be asked "seeking information which can be found in accessible documents" (the MOU has been published). The President of LegCo (ie the Governor under Royal Instruction No XXI (1)) has certain powers if he considers a question infringes any of the provisions of Standing Order 15 or 18. The President can rule the question out of order or alter the question (see Standing order No 18(2). Again how far this power has been exercised in the past is relevant.
Shelagh Brooks
S Brooks