Page 81 of 187

130

HONG KONG URBAN COUNCIL

experienced

understand in legal terms and I would like to thank our Secretary for setting down all the implications, historical backgrounds and other matters relating to this motion so that we could see it more clearly.

Since the delegation of powers to the Standing Committee, I think the members of the public may be interested in some of the matters, but most of the others as expressed by other Members, for example, signing of a deed, that kind of matter, would not be interesting to members of the public. So I think that the facts laid down by the Secretary could be discussed in open meetings after being discussed in a Standing Committee, but other minor matters, for example, a Member joined such and such a Select Committee need not be reported in an open meeting otherwise members of the public will be bored with our open meetings. I think that the motion should be recorded and, in future, if any matter, after discussion in Standing Committee we think that is interesting to the public, then we will raise it again in the open meeting. But other minor matters such as Members joining a Select Committee could be dealt with easily in a Standing Committee. So, on the one hand, I think the motion is quite reasonable, but on the other hand, some Members do not agree that matters should not be bulldozed in the Standing Committee, so I do not object to the motion wholly. But we think that we should not discuss the minor matters in the open meetings, so I will abstain from voting on this motion. But, in future, this could be a "guide" to the Standing Committee whether we should discuss it in the open meeting or not.

CHAIRMAN (in English): Does any Member wish to take the floor before I ask the mover of the motion to exercise his right of reply? If not, before I do so, while I am not taking part in the debate at all, there are, nevertheless, certain points that need to be clarified. I wish to do so now so that, if the statements I make are contrary to what Mr. BERNACCHI believes the position to be, he would still have the chance to refute them when exercising his right of reply, in fairness to him, rather than for me to speak just before putting the motion to you for voting, as it is the practice for the Chairman.

Thus, there are a few points I would like to make. Legal advice: The Council does not act at any time on matters of importance without seeking the legal opinion of the Principal Crown Counsel. Also, at times, we ask for a second opinion from the Attorney General's Chambers. So the Council is fully advised on all legal aspects of any matter at all. This is important. In addition, the Council is fortunate to have 7 Members of the legal profession in its composition. This is the first point.

HONG KONG URBAN COUNCIL

131

The second point is about signing documents. I do not think that it is the function of the Chairman to sign documents. It is clerical work. Therefore, I do not sign documents. As far as I recall, I have only signed two documents on behalf of the Council which really required my signature. One, the Memorandum of Administrative Arrangements, passed by the Council after long, long deliberation which called for the Chairman to sign. Two, the document which was signed in the open in the City Hall, on the stage of the Concert Hall, in full view of the media, when we bought the planetarium. It was necessary as a ceremony. Had it not been a ceremony, it would have been signed by the Department rather than by the Chairman. This was the only other occasion that I did so. I hope it is very clear.

Now, the third point. Much has been said about the Standing Committee. The Standing Committee is actually made up of all Members of the Council. In other words, it is the Whole Council together. I have been a Member of the Council for seventeen years and I have never seen the agenda of the Standing Committee as open as it is today. In fact, there are items on the agenda which specifically give the opportunity to Chairmen of the Select Committees to report to the Standing Committee if they wish, and there is another item on the agenda which gives the chance to any Member, who is not a Member of a particular Select Committee, to discuss anything that is done by that Select Committee, so it could not be more open.

Fourthly, public statements: the use of this particular item of our agenda which is under Standing Order 18(1)(g) has been made largely at my instigation. I have personally, or through the Secretary, frequently invited Chairmen of Select Committees to make statements to the public so that the public would be better informed. Now all decisions taken by Select Committees are open for discussion at any time by Members if they don't agree with these decisions.

So, while I would make these points in public for general clarification, I should say also that there is nothing to prevent a Member at any time from putting down a public question on any matter in order to get a public answer, and there is nothing to inhibit a Member from proposing a motion which could be discussed if that motion is within the jurisdiction of the Council and it seems to be in the public interest for discussion to take place. I hope I've clarified these points for you. I am doing so on purpose before Mr. BERNACCHI speaks so that, in fairness to him, he can take me up on them if he wishes to do so. Thank you very much. I will now give the right of reply to Mr. BERNACCHI.

Page 81 of 187

Share This Page