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bill to amend the Ordinance was referred to the same committee in 1960. On the other hand the text of an amending bill enacted in 1963 was not so referred, and, certainly in recent years, regulations introducing rents for new types of resettlement premises or altering the rents of old ones have not been shown to any Select Committee before enactment, although the appropriate Select Committees are always consulted on the rents which it was proposed to charge.
It was in accordance with these later precedents that the texts of the recent bill and regulations were not referred to any select committee, but of course the drafting instructions were discussed both in the Resettlement Policy Select Committee and by the Standing Committee of the Whole Council. To that extent, the Council was consulted on the substance of the amendments, although not on the actual wording of each clause.
Mr. BERNACCHI mentioned the wording of a particular section in the Ordinance which has recently become law.
I intend to bring his suggestions to the notice of the Legal Department and, if they are accepted by Government, I will seek a convenient opportunity to have this section amended.
On the more general question which is the subject of the motion today, I wish to associate myself with the remarks of the Chairman.
MR. SALES: Sir, without doubt, Mr. BERNACCHI has the best interests of the Council at heart, as he always does, when he puts forward the Motion for the setting up of a Legal Drafting Select Committee. Our own recent experience proves the need for certain procedures to be clearly established between the Council and the related Government Departments when it is proposed to enact legislation having a bearing on the work of the Council. While supporting the purpose of the Motion, I seek, nevertheless, to find as simple a course as possible so that what we set out to achieve will be attained without our being involved in work which, in my view, should be that of the Legal Department. Consequently, I suggest for the consideration of this Council that whenever it is desirable to legislate for any particular aspect of the Council's activities the proposal should be made to, if it is not actually initiated by, the relevant Select Committee, but the actual drafting should be done by the Legal Department. Subsequently the draft would be submitted to the Select Committee for consideration. When approved by the Select Committee in normal circumstances it would then be put to the Standing Committee of the Whole Council for endorsement before submission to the Legislature. Mr. Chairman, in effect I think that if this Council were to deliberate Mr. BERNACCHI's motion in Standing Committee of the Whole Council we might even find a better course for this Council to adopt.
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this Council. I would like to suggest to Mr. BERNACCHI that possibly this Council might adopt a different motion after deliberating on what he has proposed today. That motion might well be that we request Government not to enact any legislation pertaining to the Urban Council without the specific endorsement of this Council. That would avoid much heart-burning. In point of fact, without the fiat of this Council, or if you prefer, without this Council saying mea culpa, no legislation, no Bill should be accepted by the Legislative Council if that Bill in any way has a bearing upon the activities of this Council; that should be the motion which we should adopt, not the setting up at this stage of a Legal Drafting Select Committee.
I would like, Sir, to remind my colleague, Mr. BERNACCHI, with the greatest respect, that it was just a few weeks ago that Mr. BERNACCHI entrusted me with the assignment of reviewing the membership composition of our Select Committees, possibly to overhaul the Select Committee structure of this Council, for the ensuing year. I would suggest, Sir, because we hold Mr. BERNACCHI's motives in the greatest respect, that he consider that this matter should be given more thought and study, and perhaps the Council may come forward with a stronger motion that he might then put in our collective name.
In the circumstances, if Mr. BERNACCHI is agreeable, I would like to suggest that this matter be referred to the Standing Committee of the Whole Council.
MR. MARDEN: Mr. Chairman, I would like to second that proposal.
MR. BERNACCHI: In exercising my general right of reply on the motion and the amendment, let me say as my friend, Mr. CHEONG-LEEN, said before, that I have no objection to this amendment. (Laughter)
Of course you mention, Sir, by-laws. By-laws are a different matter. They are usually referred to this Council or the appropriate Select Committee of this Council in full and, of course, the Chairman of the appropriate Select Committee eventually moves their adoption in public meeting. But by-laws themselves are made under Statutory authority and in theory at least, the Legislature could alter the By-law-making facilities of this Council without this Council being consulted upon it. And indeed, the Commissioner for Resettlement has in effect said that ever since 1963 the amendments to Resettlement legislation have not been referred to this Council, so that whilst, I think, myself, that only two alternatives are available--one is my suggestion of setting up a separate Select Committee, the other is of ensuring that all amendments are at some stage referred to the appropriate Select Committee, and indeed, following Mr. SALES' line of argument that we should be consulted before any amendments are made at all: that we should not just be presented with a draft amendment as the first thing that we know that any amendments are likely to be
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