Page 546 of 654
Page 546 of 654
Page 546 of 654
540
HONG KONG PROVISIONAL URBAN COUNCIL
of the Council were deeply concerned for their problems. That was it. However, being concerned does not mean that one could violate the rules governing the Council's proceedings. When I received the legal advice two days ago, I thought to myself that one of the values of Hong Kong is that it is a society ruled by law, in which one cannot show contempt for the law simply because of sympathy or discretion. I have therefore ruled and presented my view that it is not appropriate to discuss the issue on this occasion. Nevertheless, I have also said that in order to embody the spirit of democracy, the issue should be put to the vote. If this is the case, I will abstain from voting.
After Members have spoken, voting will be cast by a show of hands. I will abstain from voting.
Mr. Lai Hok-lim (in Cantonese):—I believe that it is because of the legal advice that the Chairman considers that the issue does not fall within the Council's jurisdiction, but then there is a precedent in which the Chairman adopted a more relaxed approach in handling this sort of problem, that is, whether issues which are not directly related to the Council should be discussed. The public are under the impression that rates charge has in reality to do with the Council, and at the same time, there were occasions on which the Chairman was more liberal and discussion was allowed. Today the Chairman rules that in future debate on such motions will not be allowed. How is the demarcation being determined and is it going to be strictly enforced? Will all the issues which fall outside the Council's jurisdiction be forbidden at our monthly meetings? I consider that the Chairman should give some clear instructions. If it is so ruled, then it must be clearly instructed that no more exception will be allowed. For example, the Chairman could re-confirm his ruling at a meeting of the Standing Committee of the Whole Council, with the legal advisor classifying those issues which fall outside the Council's jurisdiction. It should be clearly stated that issues within this category will no longer be allowed to be discussed at monthly meetings. I consider this to be more acceptable. As Mr. Lee Kwok-keung has just said, now that the motion has been included in the agenda, discussion should be allowed, even though there is the legal advice that it falls outside the Council's jurisdiction, and I believe that all the Chairman has to do is to make some clarification. The Chairman needs only to clarify that even if we have made a decision, it would have no tangible binding effect, because the Council is simply asking the Government to do something. I am sure that all the Members taking part in the debate are fully aware of the fact that the Government would not really go ahead to reduce the rates charge simply because we have carried this motion. I don't think any Member would think this way. Our intention is merely to present our views on higher or lower rates, which is related to the Council's revenue and obviously, this is the wish of Members of the Council as well as that of the public. Another point is that recently the Financial Secretary mentioned that as the rates revenue went to the Urban Council, no revision could be made. No one has challenged him on