WEDNESDAY, JUNE 26, 1985
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CLAUSE 14(2) POSTULATION BASED ON UNFOUNDED MISGIVINGS
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THE POSTULATION THAT CLAUSE 14(2) OF THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL COULD BE USED TO USHER IN COMPLETE SUBORDINATION OF THE LEGISLATURE TO THE EXECUTIVE IS BASED ON UNFOUNDED MISGIVINGS AND ERRONEOUS ASSUMPTIONS.
THIS WAS STATED BY THE HON STEPHEN CHEONG AT THE THIRD READING OF THE BILL TODAY (WEDNESDAY)
HE SAID MEMBERS OF THE AD HOC GROUP HAD EXAMINED WITH GREAT CARE THE ARGUMENTS GIVING RISE TO THE CALL FROM THE LEADERS OF THE LEGAL FRATERNITY TO DROP THIS CLAUSE.
+OUR UNANIMOUS CONCLUSION IS THAT WHILST SUCH POSTULATION MAY PROVIDE SOME INTERESTING FOOD FOR THOUGHT, THE CONCLUSIONS SEEM TO HAVE BEEN BASED ON FALSE PREMISES.
+ IN THE EMOTIVE SPIRIT UNDER WHICH THIS BILL HAS BEEN DISCUSSED IN THE PAST MONTH, WE FEEL DUTY BOUND FOR THE COMMON GOOD OF HONG KONG, TO TRY OUR BEST TO EXPLAIN FIRST HOW WE PERCEIVE THE INTENTION OF THIS CLAUSE AND SECONDLY TO SOUND A NOTE OF CAUTION AGAINST THE BLIND ACCEPTANCE OF UNFOUNDED MISGIVINGS AND ERRONEOUS ASSUMPTIONS AS GROUNDS FOR REFLECTING THE CLAUSE,+ HE SAID.
HE POINTED OUT THAT CLAUSE 14(2) WAS INDEED IN A FORMAT THAT HAD BEEN USED TRADITIONALLY IN TERRITORIES WHERE THE RESPONSIBILITY FOR DEFENCE AND FOREIGN POLICY LAY WITH THE SOVEREIGN STATE.
+THE AIM IS TO SPELL OUT CLEARLY TO LEGCO MEMBERS WHERE THE LIMIT LIES IN EXERCISING THEIR FUTURE DUTIES.
+LEGCO MEMBERS CANNOT UNILATERALLY COMMAND ACCESS TO FILES CONTAINING WRITTEN COMMUNICATIONS (FOR EXAMPLE, IN THE FORM OF MINUTES, MEMORANDA, AND LETTERS) ON THE ARMED FORCES, ON MATTERS AFFECTING THE SECURITY OF HONG KONG OR ON THOSE SUCH AS FOREIGN POLICY THAT FALL DIRECTLY UNDER THE RESPONSIBILITY OF HMG AS REGARDS HONG KONG UP TO 1997 AND AFTER 1997 THE DIRECT RESPONSIBILITY UNDER THE PRC FOR THE YEARS BEYOND, HE SAID.
IT MUST ALSO BE EMPHASISED THAT THE DOMINANT WORD IS +CORRESPONDENCE+, WHICH MUST BE TREATED IN A MORE CAUTIOUS WAY THAN EVIDENCE, ORAL OR DOCUMENTARY, HE ADDED.
STRESSING THAT THE INTENTION OF THE BILL WAS TO LIMIT THE GOVERNOR'S POWER OF NEGATIVE INTERVENTION UNDER CLAUSE 14(2) TO THE PROTECTION OF FILES RELATING TO DEFENCE, SECURITY AND FOREIGN POLICY ONLY, MR CHEONG SAID IT WOULD BE GROSSLY UNFAIR AND WRONG TO POSTULATE THAT CLAUSE 14(2) COULD BE USED TO USHER IN COMPLETE SUBORDINATION OF THE LEGISLATURE TO THE EXECUTIVE.
/+SUCH A