XN000022-1985-06-12 — Page 19

17

WEDNESDAY, JUN.

. 1985

+

+NOR CAN THERE BE ANY SERIOUS QUARREL WITH THE PRINCIPLE THAT THE COUNCIL AND ITS COMMITTEES SHALL HAVE POWER TO COMPEL THE ATTENDANCE OF WITNESSES AND TO HAVE THEM EXAMINED ON OATH.

+SUCH POWER WOULD PROBABLY BE IMPLIED ANYWAY, AND IS IN ANY EVENT CONFERRED BY SECTION 4 OF THE OATHS AND DECLARATIONS ORDINANCE, WHICH IS AN UMBRELLA PROVISION OF VERY WIDE SCOPE.

+THIS IS TO BE REPLACED BY THE SPECIFIC PROVISIONS OF PART III OF THE BILL, HE SAID.

MR SWAINE POINTED OUT THAT DISOBEDIENCE AND CONTEMPTS WERE TO DE PUNISHABLE AS OFFENCES, BUT THE POWER OF PUNISHMENT LAY NOT IN THE LEGISLATURE, BUT IN THE COURTS.

+1 REGARD THIS AS A NECESSARY SAFEGUARD AGAINST THE ARBITRARY USE OF POWER,+ HE SAID.

AN ADMITTANCE TO +DRAFTING OVERSIGHTS+

****

LEGISLATIVE COUNCILLOR THE HON STEPHEN CHEONG ADMITTED DURING THE DEBATE TODAY (WEDNESDAY) ON THE POWERS AND PRIVILEGES BILL THAT PRIOR TO RECEIVING THE VERY BELATED+ AVALANCHE OF COMMENTS ON THE BILL SOME MEMBERS OF THE IN-HOUSE AD HOC GROUP WERE UNABLE TO DETECT SOME VERY CONTROVERSIAL YET IMPORTANT +DRAFTING OVERSIGHTS+.

+SUDDENLY, JUST A FEW DAYS BEFORE THE BILL WAS SCHEDULED TO BE READ THE SECOND TIME, THE MATTER WAS GIVEN AN UNEXPECTED LIFT AND IN THIS REGARD THE HONG KONG AFFAIRS SOCIETY SHOULD BE COMMENDED FOR THEIR CATALYTIC EFFORTS, MR CHEONG SAID,

HE SAID SINCE THEN UMELCO HAD RECEIVED REPRESENTATIONS FROM NO LESS THAN 10 GROUPS OF PUBLIC SPIRITED ORGANISATIONS OR COMMENTATORS.

+VALID POINTS RAISED BY THESE REPRESENTATIONS DID OFFER A LOT OF HELP IN THE PROCESS OF FURTHER CRYSTALISATION OF OUR THOUGHTS ON THE SUBJECT MATTER,+ HE SAID.

FOR THE PAST 10 DAYS TREMENDOUS EFFORTS HAD BEEN MADE BY UNOFFICIALS AS WELL AS THE ADMINISTRATION IN GOING OVER IN DETAIL ALL THE OBSERVATIONS SUBMITTED.

+ THE GUIDING LIGHT OF OUR DELIBERATION HAS BEEN THE UNDERLYING PRINCIPLE THAT THE DETAILED PROVISIONS ARE MEANT TO BE A CODIFICATION EXERCISE OF THE PRESENT PRACTICE AND THAT THEY SHOULD SEEK NO MORE OR NO LESS THAN IS NECESSARY TO ENABLE LEGISLATORS TO DISCHARGE THEIR DUTIES AND OBLIGATIONS PROPERLY, WITHOUT FEAR OR FAVOUR, HE SAID.

THEY