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WEDNESDAY, JUNE 26, 1985
MR CHAN SAID CLAUSE 8 AS AMENDED GAVE HONG KONG PEOPLE MORE FREEDOM IN ATTENDING SITTINGS OF THE LEGISLATIVE COUNCIL THAN IN THE UNITED KINGDOM PARLIAMENT.
+ IN THE UK MEMBERS OF THE PUBLIC CANNOT ENTER PARLIAMENT AS OF RIGHT- ADMISSION IS SUBJECT TO REGULATIONS.
+ IN THE STRANGERS' GALLERY EVEN THE WRITING OF NOTES IS NOT ALLOWED.
+ THOSE NOT SITTING PROPERLY WILL BE WARNED AND ANYONE CREATING A DISTURBANCE WILL IMMEDIATELY BE EXPELLED, + MR CHAN SAID.
+LAWFULLY+ INSERTED IN CLAUSES
***
DR THE HON HO KAM-FAI MOVED THAT CLAUSES 13 AND 14 OF THE POWERS AND PRIVILEGES BILL BE AMENDED AT THE COMMITTEE STAGE.
+ THE INSERTION OF THE WORD LAWFULLY' IN BOTH CLAUSES IS CONSEQUENTIAL TO THE AMENDMENT TO CLAUSE 24 WHICH MY HON COLLEAGUE, THE HON MARIA TAM, HAS JUST MOVED: WHEREAS THE ADDITION OF 'SUBJECT TO SECTION 16' IN CLAUSE 14(1) IS TO ENSURE CONSISTENCY BETWEEN THE PROVISIONS UNDER THESE TWO CLAUSES,+ HE SAID.
THE PURPOSE OF ADDING THE PARENTHESIS IN CLAUSE 13 WAS IN RESPONSE TO PUBLIC CALLS FOR QUALIFYING THE PRESIDENT'S DISCRETIONARY POWER AND GIVING FURTHER PROTECTION TO A WITNESS GIVING EVIDENCE BEFORE THE COUNCIL OR A COMMITTEE, HE EXPLAINED.
+WITH THIS AMENDMENT, THE PRESIDENT SHALL BE BOUND TO EXCUSE THE WITNESS FROM ANSWERING A QUESTION OR PRODUCING A PAPER WHERE SUCH A QUESTION OR PAPER IS NOT RELEVANT TO THE SUBJECT OF ENQUIRY, HE SAID.
AS REGARDS THE RIGHT OF LEGAL REPRESENTATION, DR HO SAID IT WAS COVERED UNDER CLAUSE 14(1) WHERE IT WAS STATED THAT A WITNESS SHOULD BE ENTITLED TO THE SAME RIGHT OR PRIVILEGE AS BEFORE A COURT OF LAW+.
+THIS RIGHT OR PRIVILEGE ALREADY INCLUDES THAT OF LEGAL REPRESENTATION; HENCE, NO AMENDMENT ON THIS POINT IS CONSIDERED NECESSARY, + HE SAID.
/19.
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