XN000022-1985-06-12 — Page 11

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WEDNESDAY, JUNE 12, 1985

ON THE CRITICISMS THAT THE BILL WAS NOT A MERE CODIFICATION EXERCISE BUT NEW OFFENCES HAD BEEN CREATED AND NEW POWERS BESTOWED UPON THE LEGISLATIVE COUNCIL UNDER CLAUSE 24, MISS TAM SAID THE UNOFFICIALS HAD HELD A FURTHER WORKING SESSION WITH THE LAW DRAFTSMAN AND THE ATTORNEY GENERAL TO IDENTIFY THE AREAS CODIFIED AND THE AREAS COVERED BY SECTION 4 OF CAP. 11.

+ IT WAS EXPLAINED TO US AGAIN THAT CLAUSE 24 FALLS WITHIN THE SCOPE OF WHAT IS INHERENTLY NECESSARY TO A COLONIAL LEGISLATURE AND THE COURT IN HONG KONG WILL BE EXTREMELY UNLIKELY TO QUESTION THE EXERCISE OF SUCH POWERS CONFERRED ON THE COUNCIL UNDER THIS ORDINANCE.

+HOWEVER, IN ORDER TO ENSURE THAT THE NEW LEGISLATIVE COUNCIL DOES NOT ENJOY MORE POWER THAN WE HAVE ALREADY, AN AMENDMENT WILL BE INTRODUCED TO EXCLUDE THE COURTS' JURISDICTION UNDER CLAUSE 24 ON THE LAWFUL EXERCISE OF SUCH POWERS AND THE CORRESPONDING CLAUSES, I.E. CLAUSES 10, 13, 14(1) AND 70 WILL BE AMENDED ACCORDINGLY,+ SHE SAID.

+IN FACT IN THIS BILL, THERE HAS NEVER BEEN THE INTENTION OR THE WORDING TO SEEK THE POWER TO PROSECUTE OR ENFORCE ITS PROVISION, BY THE LEGISLATIVE COUNCIL. THE REAL POWER RESTS IN THE HANDS OF THE ATTORNEY GENERAL AND THE COURTS OF LAW, SHE ADDED.

PREDICTING THAT THERE WOULD STILL BE CRITICISMS THAT THE UNOFFICIALS HAD NOT DEFERRED THE SECOND READING IN ORDER TO ALLOW MORE PUBLIC COMMENTS ON THIS BILL, SHE SAID THE AD HOC GROUP AND THE IR UNOFFICIAL COLLEAGUES WERE CONVINCED OF THE INTRINSIC VALUE OF THIS BILL AND THAT THE LEGISLATIVE COUNCIL WAS THE PROPER FORUM FOR THEM TO EXPRESS THEIR VIEWS.

+WE HAVE GONE THROUGH MANY TIMES THE REPEATED CRITICISMS AND BELIEVE THAT WE SHOULD MAKE CLEAR OUR SUPPORT TO ITS INTRINSIC VALUE AND GIVE REASONS FOR IT BEFORE THE PUBLIC JUDGMENT ON THE MERIT OF THIS BILL IS SO CLOUDED BY THE CRITICISMS MADE AGAINST PARTS OF THE BILL, WHICH WE KNOW, AS EARLY AS ON JUNE 3 WILL BE REMOVED.

+THESE PARTS OF THE BILL WILL BE SUBJECTED TO DELETION OR AMENDMENTS AND WE SHOULD NOT THROW AWAY THE BABY WITH THE BATHWATER, SHE SAID.

TO HER, SHE SAID, OPEN GOVERNMENT, WHETHER ITS LEGISLATURE WAS APPOINTED OR ELECTED OR A COMBINATION OF BOTH, MEANT RESPONSIBLE AND RESPONSIVE GOVERNMENT.

+ IT DOES NOT MEAN IT IS OPEN FOR EVERYONE TO GOVERN.

+THE LEGISLATIVE COUNCIL ALONE MUST MAKE THE FINAL DECISION. IT MUST DO SO NOW IT WILL DO SO IN THE FUTURE, SHE SAID,

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