XN000022-1985-05-15 — Page 3

WEDNESDAY, MAY 15, 1985

BILL ENABLES LEGCO MEMBERS TO SERVE PROPERLY

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THE OBJECTIVE OF THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL 1985 IS TO ENABLE MEMBERS TO DISCHARGE THEIR FUNCTIONS PROPERLY, WITHOUT FEAR OR FAVOUR, AND TO UPHOLD THE DIGNITY OF THE LEGISLATURE, THE CHIEF SECRETARY, SIR PHILIP HADDON-CAVE, SAID TODAY.

MOVING THE SECOND READING OF THE BILL, SIR PHILIP SAID THE BILL FOLLOWS TO A LARGE EXTENT THE STANDARD PATTERN OF SUCH LEGISLATION AS DEVELOPED FOR OTHER LEGISLATURES 'IN A POSITION SIMILAR TO HONG KONG.

AN AD HOC GROUP OF UNOFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL, CHAIRED BY THE HON MARIA TAM, HAD EXAMINED THE INITIAL DRAFT OF THE BILL AND HAD SUGGESTED A NUMBER OF IMPROVEMENTS.

ALL THE IR RECOMMENDATIONS HAD BEEN INCORPORATED IN THE BILL. WHICH THE EXECUTIVE COUNCIL HAD THEN ADVISED SHOULD BE INTRODUCED, HE SAID.

AS PROVIDED IN PART I, THE BILL WOULD COME INTO FORCE ON A DATE TO BE SET BY THE GOVERNOR AND THIS WOULD BE SOME TIME BEFORE THE FIRST SITTING OF THE 1985-86 LEGISLATIVE COUNCIL SESSION, HE SAID.

PART II OF THE BILL DEALS WITH THE PRIVILEGES AND IMMUNITIES OF THE LEGISLATIVE COUNCIL AND THE MEMBERS.

IN THIS PART, CLAUSE THREE, HE SAID, EXPRESSLY PROVIDES FOR FREEDOM OF SPEECH AND DEBATE IN THE COUNCIL OR ANY COMMITTEE AND FOR THE CORRESPONDING IMMUNITY OF THE PROCEEDINGS FROM BEING QUESTIONED IN ANY COURT OR PLACE OUTSIDE THE COUNCIL.

CLAUSE FOUR CONFERS IMMUNITY ON MEMBERS FROM CIVIL OR CRIMINAL PROCEEDINGS IN RESPECT OF MATTERS SAID, OR DOCUMENTS BROUGHT BEFORE THE COUNCIL OR ANY COMMITTEE.

PART III, SIR PHILIP SAID, MAKES PROVISION GOVERNING WITNESSES BEFORE THE COUNCIL AND ITS COMMITTEES.

FINALLY, HE SAID, PART IV DEALS WITH OFFENCES AND PENALTIES.

SIR PHILIP SAID THAT +A NEW STYLE HONG KONG LEGISLATIVE COUNCIL IS TO BE ASSEMBLED WITH EFFECT FROM THE 1985-86 SESSION, WITH A BLEND OF MEMBERSHIP APPROPRIATE TO HONG KONG'S CIRCUMSTANCES+, AND HE COMMENDED THE BILL TO MEMBERS AS

+AN ESSENTIAL MEASURE TO SECURE AND TO STRENGTHEN THE STANDARDS AND EFFECTIVENESS OF THAT NEW STYLE COUNCIL.+

EARLIER, SIR ..................