XN000022-1985-06-12 — Page 22

20

WEDNESDAY, JUNE 12, 1985

+ I AM ABSOLUTELY CONVINCED THAT IN THE CASE OF A CLOSED MEETING THE PUBLISHER OF REPORTS OF THE PROCEEDINGS OF THAT MEETING SHOULD NOT BE OPEN TO PROSECUTION. THIS HAS BEEN AND IS PRESENTLY THE CASE, AND MUST NOT CHANGE.

+HOWEVER, SHOULD THE COUNCIL DECIDE TO GIVE AN UNDERTAKING TO A THIRD PARTY COMING FORWARD TO GIVE EVIDENCE THAT HIS SUBMISSION AS WELL AS THE PROCEEDINGS OF THE MEETING IN WHICH HE IS ASKED TO TAKE PART WILL BE KEPT CONFIDENTIAL, THERE WILL BE NO LEGAL SAFEGUARD THAT THE COUNCIL OR ITS COMMITTEE CAN MAKE GOOD ITS PROMISE REGARDING THE PUBLICATION OF SUCH EVIDENCE OR PROCEEDING.

+ HOPE THIS POINT WILL BE GIVEN DUE CONSIDERATION, SHE SAID.

PERHAPS A LEAF COULD BE TAKEN OUT OF THE BOOK OF SECTION 5 OF THE JUDICIAL PROCEEDINGS (REGULATIONS OF REPORTS) ORDINANCE IN WHICH THE COURT WAS EMPOWERED TO PROHIBIT PUBLICATION OF CERTAIN PROCEEDINGS AND INFORMATION RELATING TO THEM. SO LONG AS THE COURT TOOK AN ACTIVE DECISION TO DO SO, AND STATED CLEARLY THAT SUCH PUBLICATION WOULD CONSTITUTE CONTEMPT.

MRS CHOW CONCLUDED: +SUBJECT TO ACCEPTANCE OF THE PROPOSED DELETION OF CLAUSE 17 (D) AND CLAUSE 20 AT THE COMMITTEE STAGE, WHEREBY I BELIEVE THE PRESENT FREEDOM OF THE MEDIA IN ITS WORK ON THE COUNCIL WILL BE PRESERVED, I SUPPORT THE BILL.+

CALL TO REDRAFT 'STRANGERS' CLAUSE

****

DEALING WITH CLAUSE 8 OF THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL 1985 WHICH RELATES TO REGULATING THE ADMITTANCE OF STRANGERS TO THE COUNCIL CHAMBER. THE HON CHAN YING-LUN SAID IN THE COUNCIL TODAY THAT COMMENTS ON THE FIRST PART OF CLAUSE 8 (1) HAD FOCUSED ON THE FIRST SENTENCE, WHICH READ NO STRANGER SHALL BE ENTITLED AS OF RIGHT TO ENTER OR TO REMAIN WITHIN THE PRECINCTS OF THE CHAMBER+, AND IN PARTICULAR THE WORDS +STRANGERS+ AND +AS OF RIGHT+ SEEMED TO BE THE MOST CONTENTIOUS.

+SOME PEOPLE HAVE EXPRESSED CONCERN THAT THIS WOULD DEPRIVE MEMBERS OF THE PUBLIC, INCLUDING THE PRESS, OF THE RIGHT TO OBSERVE THE PROCEEDINGS OF THE COUNCIL, MR CHAN SAID.

J

HE SAID THE SECOND PART OF CLAUSE 8 (1) GAVE POWER TO THE PRESIDENT TO ORDER WITHDRAWAL OF STRANGERS FROM THE PRECINCTS OF THE CHAMBER.

+SOME PEOPLE ARE CONCERNED THAT THE PRESIDENT MAY HAVE ARBITRARY POWER TO EXCLUDE ANY PERSON WHOM HE DOES NOT LIKE,+ HE ADDED.

/Clause 8 (2)