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WEDNESDAY, JUNE 26, 1985
CLAUSE 7(2): IT WAS SUGGESTED THAT THE PRESIDENT'S POWER UNDER THIS CLAUSE WAS TOO WIDE BECAUSE WITHOUT HIS GIVING SPECIAL LEAVE NO PERSON COULD GIVE EVIDENCE IN COURT IN RESPECT OF THE CONTENTS OF THE MINUTES OR RECORDS OF EVIDENCE BEFORE THE COUNCIL OR COMMITTEE. IT WAS ENVISAGED THAT THE PRESIDENT OF THE COUNCIL WOULD BE ELECTED BY MEMBERS OF THE COUNCIL AND HE SHOULD BE TRUSTED TO EXERCISE HIS DISCRETION TO GRANT SUCH SPECIAL LEAVE ACCORDING TO THE PRACTICE OF THE COUNCIL UNDER CLAUSE 7(1), IN ANY EVENT HIS ACTS WOULD BE SUBJECT TO THE SCRUTINY OF HIS MEMBERS SO THAT HE WOULD USE HIS DISCRETION REASONABLY AND JUDICIOUSLY. HENCE NO AMENDMENT WAS PROPOSED.
CLAUSE 15: THERE WERE QUESTIONS AS TO WHAT WAS THE +USAGE AND PRACTICE OF THE COUNCIL AND THE RELATIONSHIP BETWEEN CLAUSE 23 AND THE WORDS +ANY RESOLUTION OF THE COUNCIL+. THE USAGE AND PRACTICE OF THE COUNCIL HAD BEEN ILLUSTRATED BY THE HON ANDREW SO ON MAY 12 THIS YEAR. AS TO THE LATTER POINT THE ATTORNEY GENERAL WOULD DEAL WITH IT IN HIS REPLY AT THIRD READING AND SHE WOULD NOT REPEAT IT HERE.
CLAUSE 24: THERE HAD BEEN QUESTIONS AS TO WHETHER THE OFFICERS OF THE COUNCIL WOULD BE +UNTRAINED OF POLICE DUTIES AND POWERS+ AND THEY MAY ABUSE THEIR POWER. SHE TRUSTED THE ANSWER TO THAT MUST BE THAT THE OFFICERS MUST BE TRAINED TO UNDERSTAND THE LIMIT OF THEIR POWER UNDER THE BILL AND WOULD CARRY OUT THEIR DUTY UNDER THE OVERALL SUPERVISION OF THE PRESIDENT.
MISS TAM SAID THERE HAD BEEN A DEMAND FOR DEFERMENT BECAUSE THERE MAY STILL BE THE NEED OF FURTHER AMENDMENT.
+FIRSTLY I TRUST IT IS COMMONLY APPRECIATED THAT THE NEW LEGISLATIVE COUNCIL HAS THE POWER TO AMEND OR REPEAL ANY LAW THAT IS IN EXISTENCE IN NOVEMBER, 1985, AND CAN INDEED EXPAND OR NARROW DOWN THE POWERS AND PRIVILEGES OF THIS COUNCIL AS THE MEMBERS SEE FIT,+ SHE SAID.
SUFFICE TO SAY THAT, WITH THE VERY SIGNIFICANT AMENDMENTS MADE TO CLAUSE 23 OF THE BILL WHICH NOW SUBJECTED THE COUNCIL, THE COMMITTEE AND THE PRESIDENT'S POWER TO JUDICIAL REVIEW, THE AMENDED BILL RETAINED ONLY THE MINIMUM POWERS NEEDED FOR THE COUNCIL TO REGULATE ITS HOUSE MANAGEMENT AND TO EXTEND THE ROLE OF THE SELECT COMMITTEES FOR WHICH THE PUBLIC HAD EXPRESSED THE IR SUPPORT.
+ IF THE BILL BEFORE COUNCIL TODAY SHOULD NEED ANY AMENDMENTS IN THE LIGHT OF CHANGING CIRCUMSTANCES, NO DOUBT THE FUTURE GENERATIONS OF LEGISLATIVE COUNCILLORS CAN AMEND THIS BILL AS THEY SEE FIT,+ MISS TAM SAID.
/SHE SAID