FRIDAY, MAY 10, 1985
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LEGCO MEMBERS' PRIVILEGES SET OUT IN BILL
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A LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL, PROVIDING THE FRAMEWORK FOR MEMBERS OF THE LEGISLATIVE COUNCIL TO DISCHARGE THE IR FUNCTIONS PROPERLY AND TO GIVE DUE RECOGNITION TO THE DIGNITY OF THE LEGISLATURE, HAS BEEN GAZETTED TODAY, IT WILL BE INTRODUCED INTO THE COUNCIL ON WEDNESDAY (MAY 15).
THE PROPOSED POWERS AND PRIVILEGES ARE SIMILAR TO THOSE NORMALLY AFFORDED TO LEGISLATURES IN COMMONWEALTH COUNTRIES AND ARE DERIVED FROM THE COMMON LAW. IN THE CASE OF HONG KONG, THEIR CODIFICATION IS LONG OVERDUE.
AT THE OPENING OF THE CURRENT SESSION OF THE COUNCIL LAST OCTOBER, THE GOVERNOR EXPLAINED THAT ITS PURPOSE WAS TO +CONFIRM THE PRIVILEGE OF MEMBERS' STATEMENTS IN DEBATE, PROVIDE ASSURANCES THAT MEMBERS CAN PERFORM THEIR DUTIES ACCORDING TO THEIR CONSCIENCE, AND INTRODUCE POWERS TO HEAR EVIDENCE ON MATTERS OF PUBLIC INTEREST. +
A FINAL DRAFT OF THE PROPOSED LEGISLATION WAS SCRUTINISED BY AN AD HOC GROUP OF UNOFFICIAL MEMBERS, CONVENED BY MISS MARIA TAM, AND THE BILL NOW PUBLISHED INCORPORATES THE IMPROVEMENTS SUGGESTED BY THE AD HOC GROUP.
AMONG THE MAJOR PRIVILEGES AND IMMUNITIES PROPOSED FOR MEMBERS - PRIMARILY TO ENSURE THE PROPER FUNCTIONING OF THE COUNCIL RATHER THAN TO PROTECT INDIVIDUAL MEMBERS PERSONALLY - IS FREEDOM OF SPEECH AND DEBATE AND THE CORRESPONDING IMMUNITY OF THE PROCEEDINGS OF THE COUNCIL FROM BEING QUESTIONED IN ANY COURT OR PLACE OUTSIDE THE COUNCIL. IN OTHER WORDS THE PREROGATIVE OF MEMBERS TO STAND UP AND SPEAK WITHOUT FEAR IN THE COUNCIL WILL BE FORMALLY RECOGNISED.
MEMBERS WILL ALSO BE FREE FROM ARREST FOR CIVIL DEBT WHILE GOING TO, ATTENDING AT OR RETURNING FROM ANY SITTING OF THE COUNCIL OR ANY OF ITS COMMITTEES, AND THIS FREEDOM FROM ARREST WILL, WHILE A MEMBER IS ATTENDING, EXTEND ALSO TO A CRIMINAL OFFENCE.
THE POWER TO REQUIRE WITNESSES TO BE EXAMINED WILL, HOWEVER, BE GIVEN TO THE STANDING COMMITTEES OF THE COUNCIL ONLY. THE FULL COUNCIL WILL DECIDE WHETHER THIS POWER SHOULD BE EXTENDED TO ANY OTHER COMMITTEES IT MAY APPOINT. ANY DOUBT AS TO THE PROCEDURE FOR GIVING EVIDENCE WILL BE SETTLED IN REFERENCE TO THE EXISTING USAGE AND PRACTICE OF THE COUNCIL.
THERE ARE AT PRESENT TWO STANDING COMMITTEES, THE FINANCE COMMITTEE AND THE PUBLIC ACCOUNTS COMMITTEE, AND PUBLIC OFFICERS ARE REQUIRED UNDER THE STANDING ORDERS OF THE COUNCIL TO APPEAR BEFORE THE TWO COMMITTEES IF CALLED UPON TO DO SO, AND IN THE CASE OF THE PAC. MEMBERS OF A NON-GOVERNMENT BODY OR ORGANISATION MAY ALSO BE REQUIRED TO APPEAR.
/WITNESSES GIVING