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WEDNESDAY, MAY 15, 1985
EARLIER, SIR PHILIP SAID THAT THOUGH THE LEGISLATURE OF A CROWN COLONY, BY ITS MERE ESTABLISHMENT, DID NOT ACQUIRE ALL THE POWERS, PRIVILEGES AND IMMUNITIES ENJOYED BY MEMBERS OF PARLIAMENT IN WESTMINSTER, THE EXISTING BODY OF LAW IN HONG KONG, THE JURY ORDINANCE AND OTHER ADMINISTRATIVE PRACTICES IN FACT CONFER ALL THESE POWERS AND PRIVILEGES ON MEMBERS OF THIS COUNCIL.+
+ IN THE GOVERNMENT'S VIEW, HOWEVER, IT IS DESIRABLE TO ENACT LEGISLATION GENERALLY TO CODIFY SUCH POWERS AND PRIVILEGES,+ HE SAID.
THERE WERE SEVERAL CONSIDERATIONS SUPPORTING THIS VIEW, HE SAID, INCLUDING:
FIRST, AFTER 1997, ANY INHERENT POWERS AND PRIVILEGES DERIVED FROM THE PRESENT STATUS OF THE LEGISLATIVE COUNCIL AS A COLONIAL LEGISLATURE WOULD CEASE TO HAVE EFFECT IN HONG KONG;
SECOND, TO SMOOTH THE TRANSITION, THE NECESSARY LEGISLATION TO CODIFY THESE POINTS SHOULD BE COMPLETED EARLIER, RATHER THAN LATER ;
THIRD, AS HONG KONG MOVES TOWARDS REPRESENTATIVE GOVERNMENT, THE PRESENT SYSTEM OF CONSENSUS POLITICS MAY COME UNDER SOME PRESSURE. IT WOULD THEREFORE BE DESIRABLE SPECIFICALLY TO PROVIDE FOR THE RIGHTS OF MEMBERS AND FOR THE POWERS AND PRIVILEGES THROUGH WHICH THE LEGISLATIVE COUNCIL MANAGES ITS BUSINESS TO BE CLEARLY UNDERSTOOD;
FOURTH, IF THE GOVERNOR IS TO CEASE TO BE THE PRESIDENT OF THE LEGISLATIVE COUNCIL AT SOME FUTURE DATE, IT WOULD BE DESIRABLE FOR THE NEW PRESIDING OFFICER TO HAVE CLEAR LEGAL SANCTION TO HAND FOR THE CONDUCT OF THE COUNCIL'S BUSINESS; AND
FIFTH, DECISIONS RECENTLY TAKEN TO HOLD MEETINGS OF THE FINANCE COMMITTEE AND THE PUBLIC ACCOUNTS COMMITTEE IN PUBLIC MAKE IT TIMELY FOR THE POSITION AS REGARDS THE CALLING OF WITNESSES AND THE HEARING OF EVIDENCE TO BE CODIFIED.
DEBATE ON THE BILL WAS ADJOURNED.
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