XN000022-1985-06-12 — Page 23

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WEDNESDAY, JUNE 12, 1985

CLAUSE 8 (2) GAVE POWER TO THE PRESIDENT TO ISSUE SUCH ORDERS AS HE MAY DEEM +NECESSARY OR EXPEDIENT+.

+SOME PEOPLE HAVE AGAIN EXPRESSED CONCERN OVER POSSIBLE ABUSE OF POWER, MR CHAN SAID.

CLAUSE 8 (3) WAS PURELY ADMINISTRATIVE AND HAD ATTRACTED NO COMMENTS.

+TAKING ALL THE REPRESENTATIONS ON CLAUSE 8 AS A WHOLE, ALTHOUGH TWO GROUPS CALLED FOR ITS DELETION, THERE HAS BEEN NO DENIAL THAT THE PRESIDENT OF THE LEGISLATIVE COUNCIL SHOULD HAVE POWER TO REGULATE ADMITTANCE OF THE PUBLIC TO THE PRECINCTS OF THE COUNCIL CHAMBER AS THIS POWER IS ALREADY PROVIDED IN THE STANDING ORDERS,+ MR CHAN SAID.

+THE OVERWHELMING REACTION OF THE INTERESTED GROUPS TO THIS CLAUSE IS THAT IT SHOULD BE REDRAFTED TO STATE THE RIGHT OF THE PUBLIC TO OBSERVE PROCEEDINGS OF THE COUNCIL, AND TO PREVENT ARBITRARY USE OF POWER BY THE PRESIDENT.

+I CONSIDER THESE REQUESTS BOTH LEGITIMATE AND

CONSTRUCTIVE,+

HE PROPOSED THAT CLAUSE B (1) SHOULD BE REDRAFTED TO STATE IN A POSITIVE MANNER THE RIGHT OF THE PUBLIC TO OBSERVE THE PROCEEDINGS OF THE COUNCIL SUBJECT TO CERTAIN RULES.

TO ALLAY ANY POSSIBLE FEARS THAT THE PRESIDENT COULD MAKE ARBITRARY RULES, HE SUGGESTED THAT THERE SHOULD BE CLEAR STIPULATIONS THAT SUCH RULES SHOULD BE PROVIDED EITHER IN THE STANDING ORDERS OR BY RESOLUTION OF THE COUNCIL.

+BY FOLLOWING THE LINE OF THE STANDING ORDERS, THE WORDS 'STRANGERS' AND 'AS OF RIGHT' CAN THUS BE REMOVED, HE SAID.

AS REGARDS COMMENTS ON CLAUSE 8 (2) WHICH CONCERNED THE ISSUE OF ORDERS BY THE PRESIDENT, MR CHAN SAID HE AGREED WITH THE REPRESENTATIONS THAT IN ADDITION TO THE QUALIFICATION OF +NECESSARY AND EXPEDIENT+, THE PURPOSE OF ISSUING SUCH ORDERS SHOULD BE CLARIFIED, SUCH AS FOR MAINTAINING THE SECURITY OF THE PRECINCTS OF THE CHAMBER, ENSURING THE PROPER BEHAVIOUR AND DECORUM OF PERSONS AND FOR OTHER ADMINISTRATIVE PURPOSES.

+TO FURTHER ALLAY ANY MISUNDERSTANDING ABOUT ABUSE OF POWER, THE WORD ORDER CAN BE SUBSTITUTED BY ADMINISTRATIVE INSTRUCTIONS' WHICH IS EXACTLY WHAT IT MEANS IN THE CLAUSE.+

HE SAID IN LINE WITH THE ABOVE PROPOSED AMENDMENTS CORRESPONDING AMENDMENTS SHOULD ALSO BE MADE TO CLAUSE 21 (A), (B) AND (C) WHICH DEALT WITH SITUATIONS UNDER WHICH OFFENCES WOULD BE COMMITTED BY MEMBERS OF THE PUBLIC.

HE SAID HE SUPPORTED THE SECOND READING OF THE BILL, SUBJECT TO THE ABOVE PROPOSED AMENDMENTS.

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