7-
Mr Chairman, to sum up, we consider that it would be quite wrong to include the police and the auxiliary police under COMAC's general jurisdiction. The Administration cannot accept these amendments. As I said in my speech during the second reading debate on this Bill, if they are approved by members we do not have any option but to withdraw the Bill. I therefore strongly urge members to vote against the amendments.
I have thought it necessary to make clear the Administration's position on this issue, now, before we proceed further. This is not intended in any way to be political intimidation, rather I would say that it is simply having the courage to make clear the Administration's position rather than springing a surprise on members at the third reading stage.
As Mr To has pointed out, the Administration rarely withdraws a bill before the third reading and would not do so if the Administration was able to accept the amendments proposed by members. That we have chosen to invoke our right on this occasion reflects the very strong objections we have to the amendment for both policy and resource reasons. Thank you Mr President.
End
COMAC (Amendment) Bill 1996 (3rd reading)
Following is the speech by the Chief Secretary, Mrs Anson Chan, at the third reading of the Commissioner for Administrative Complaints (Amendment) Bill 1996 in the Legislative Council today (Wednesday):
Mr Chairman, I move that clauses 8 and 10 be amended as set out under my name in the paper circulated to members. The amendment to clause 8 is a minor one in the Chinese text which clarifies the intention of our proposal to enable COMAC to have greater flexibility in handling simple and minor complaints. The amendment to clause 10 is in response to the concern expressed by members in the Bills Committee and is supported by the Committee.
When the Police and the ICAC are brought within COMAC's jurisdiction for the purpose of the Code on Access to Information, we need to ensure the security of sensitive materials relating to the prevention, detection or investigation of crime. The amendment seeks to clarify the intention of our proposed new item 10 in schedule 2 of the Ordinance by stating explicitly that the proposed restriction on COMAC's investigation into matters relating to the prevention, investigation and detection of crime, should be limited to actions involving the Police and the ICAC.
End