15
WEDNDAY, JUNE 26, 1985
+ELECTED MEMBERS WILL BE JOINING IN OCTOBER AND IT WILL BE THE DUTY OF THIS COUNCIL TO ENSURE THE POWERS PROVIDED UNDER THE BILL ARE NEVER MISUSED, HE SAID.
LASTLY, SIR ROGER REITERATED THAT UNOFFICIALS HAD CAREFULLY EXAMINED THE BILL IN THE LIGHT OF ALL THE REPRESENTATIONS THEY HAD RECEIVED AND THEY WERE UNANIMOUS IN THE IR SUPPORT FOR ITS PROVISIONS.
+ IT IS A HONG KONG ISSUE; AN ISSUE FOR THE PEOPLE OF HONG KON
+ IT IS OUR AVOWED OBJECTIVE THAT HONG KONG PEOPLE SHOULD BE LEFT TO MANAGE THEIR OWN AFFAIRS AND IT IS REGRETABLE THAT SOME CRITICS HAVE CHOSEN TO SEEK OUTSIDE SUPPORT FOR THEIR VIEWS.
+ IT IS ALSO DEPLORED THAT OTHERS HAVE CHOSEN TO MAKE PERSONAL ATTACKS ON INDIVIDUAL MEMBERS OF THIS COUNCIL WHO GAIN NOTHING FROM RESISTANCE TO VOCAL AND OFTEN EMOTIONAL SECTORAL INTERESTS AND SEEK ONLY TO DISCHARGE THEIR DUTIES IN GOOD FAITH AND IN THE BEST INTERESTS OF THE COMMUNITY, HE SAID.
MARIA TAM MOVES AMENDMENT TO CLAUSE 24
*****
AN AMENDMENT TO CLAUSE 24 OF THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL, WHICH WAS PROPOSED BY THE HON JOHN SWAINE AT THE SECOND READING STAGE, WAS MOVED BY THE HON MARIA TAM AT THE COMMITTEE STAGE TODAY (WEDNESDAY).
MR SWAINE HAD PROPOSED THAT THE CLAUSE SHOULD READ AS FOLLOWS: +THE COUNCIL, THE PRESIDENT OR ANY OFFICER OF THIS COUNCIL SHOULD NOT BE SUBJECT TO THE JURISDICTION OF ANY COURT IN RESPECT OF THE LAWFUL EXERCISE OF ANY POWER CONFERRED ON OR VESTED IN THE COUNCIL, THE PRESIDENT OR SUCH OFFICER BY OR UNDER THIS ORDINANCE OR THE STANDING ORDERS.+
MISS TAM SAID THE EFFECT OF THIS AMENDMENT WAS TO GIVE ANY PERSON SUMMONED BY THE LEGISLATIVE COUNCIL OR BY A COMMITTEE OF THE COUNCIL UNDER CLAUSES 10(1), 13(1), 13(2), 14(1) OR 16(1), TO GIVE EVIDENCE OR PRODUCE DOCUMENTS TO THE COUNCIL OR A COMMITTEE THE OPTION TO SEEK A JUDICIAL REVIEW ON WHETHER THE COUNCIL, THE COMMITTEE OR THE PRESIDENT HAD LAWFULLY EXERCISED THEIR POWER BEFORE HAVING TO ANSWER SUCK A QUESTION OR TO PRODUCE SUCH DOCUMENTS.
+ IF THE COURT SHOULD RULE IN FAVOUR OF THE WITNESS, AND HOLD THAT THE PRESIDENT, COUNCIL OR COMMITTEE IS ACTING ULTRA VIRES, THAT MEANS OUTSIDE OF THE IR POWERS, THEN HE WILL NOT BE REQUIRED TO ANSWER THE QUESTION OR TO PRODUCE THE DOCUMENT IN ISSUE.
+LIKEWISE WITH